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CLU 3M EXAM REVIEW > LAW EXAM REVIEW > Flashcards

LAW EXAM REVIEW Flashcards

1
Q

What is mental capacity to commit a crime?

A

Ones ability to understand the nature of ones actions and to voluntaryily enter into a contract.

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2
Q

what is conspiracy?

A

An agreement between two or more people to carry out an illegal act, even if that does not actually occur.

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3
Q

What is counselling?

A

A crime that involves advising, recommending, or persuading another person to commit a criminal offence.

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4
Q

What is aiding?

A

A criminal offence that involves helping a perpetrator commit a crime.

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5
Q

What is abetting?

A

The crime of encouraging the perpetrator to commit an offence.

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6
Q

What is a warrant?

A

a document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

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7
Q

When are warrants needed?

A

They are needed to ensure that the legal procedures are followed during investigations.

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8
Q

What does Actus reus mean?

A

It is the voluntary action, omission, or stae of being that is prohibited by law.

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9
Q

What does Mens reus mean?

A

It shows that the act was intentional, knowing, negligent, reckless or willfully bling.

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10
Q

What are indictable offences?

A

A more serious crime that carries a heavier penalty.

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11
Q

What are hybrid offences?

A

An offence that the Crown can try either as a summary or indictable offence.

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12
Q

What are summary offences?

A

A crime that is considered less serious and carries a lighter penalty .

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13
Q

What is case law?

A

A method of deciding cases based on recorded decisions of similar cases.

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14
Q

What is common law?

A

Law that developed in English courts; relies on case law, and is common to all people.

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15
Q

What is the difference between substantive and procedural law?

A

Substantive law is defined as the rights, duties, and obligations of citizens and government while procedural law prescribes the methods of enforcing the rights and obligations of substantive law.

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16
Q

What is the difference between the crown and the deffence?

A

The crown represents the governmnet,responsible for instituiting legal procedings against the accused while the deffence is a lawyer who defends an accused person on trial.

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17
Q

What is the canadian charter of rights and freedoms?

A

The charter set out those rights and freedoms that canadians belive are necessary in a free and democratic society.

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18
Q

What are the fundamental freedoms?

A

-Freedom of conscience and religion
-Freedom of thought, belief, opinion and expression including freedom of the press and other media communication
-Freedom peaceful assembly
-Freedom of association

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19
Q

What is the criminal code of canada?

A

The criminal code of canada is a federal statute that contains the majority of the criminal laws passed by parliment.

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20
Q

What does YCJA stand for?

A

Youth Criminal Justice Act

21
Q

What is first degree murder?

A

A killing that is planned and deliberate, is contracted, causes the death of a peace officers, or is commited during another serious crime.

22
Q

What is second degree murder?

A

Any murder not classified as first degree murder.

23
Q

What is manslaughter?

A

Any culpable homicide not classified as murder or infanticide.

24
Q

How many people sit on a jury?

A

In a criminal case there is 12 but in a civil case there are 6 jury members.

25
Q

What is a hung jury?

A

A jury that cannot reach a unanimous verdict.

26
Q

What is a jury foreperson?

A

-Elected by jury
-Delivers verdicts
-Coordinating deliberations

27
Q

What is perjury?

A

Knowingly making false statements in a court while giving evidence under oath or affirmation.

28
Q

What is direct examination?

A

The first questioning of a witness th determine what he or she observed about the crime.

29
Q

What is cross examination?

A

The second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel.

30
Q

What is our local courthouse?

A

John Sopinka Courthouse.

31
Q

What is the rule of law?

A

A principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary power.

32
Q

How long did david milgaard spend in prison after he was wrongfully convicted of murder?

A

He spent 23 years wrongfully in prison.

33
Q

What does Plea-Bargining mean?

A

A negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence.

34
Q

If someone is in prison in solitary confinement, what does that mean?

A

It is the isolation of a prisoner in a separate cell as a punishment.

35
Q

What is entrapment?

A

It is a defence against police conduct that illegally induces the defendent to commit a criminal act.

36
Q

What is the difference between 1st degree murder and 2nd degree murder?

A

First-degree murder is the intentional planing out and carrying out a murder while second-degree murder is intentional but reckless or spur of the moment.

37
Q

What is acquittal in criminal law?

A

A judgement from the court resulting from a finding of not guilty.

38
Q

What is an immunity deal?

A

Any agreement by the crown to refrain from prosecuting someone for a crime, in return for providing testimony or other valuable information.

39
Q

In prison, what does it mean when they say “general pop”?

A

It mean general population of the prison.

40
Q

When are miranda rights read to you?

A

After you are arrested. (In canada your charter rights are read to you)

41
Q

What happens when a case is remanded?

A

It means that a higher court sends the case back to a lower court for further action (eg. correction of errors, clarification or reconsideration, and further proceedings).

42
Q

What is the adversarial system?

A

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.

43
Q

What is the oldest prison in Canada?

A

Provincial Penitentiary of the Province of Upper Canada also commonly known as Kingston penitentiary.

44
Q

What are Mosaic law?

A

Laws given to Moses to guide the Hebrew people, and recorded in the Bible.

45
Q

What is the defence of automatism?

A

The defence of automatism is a conditionin which a person acts without being aware of what he or she is doing.

46
Q

Where was the birthplace of Democracy?

A

Ancient Athens, Greece around the 5th century BCE

47
Q

What are the 4 levels of policing in Canada?

A

The 4 levels are the municipal level (Hamilton police), Provincial (OPP), Federal (RCMP), and Indigenous police have seprate branch within their reserves.

48
Q

What are “Mr. Big Sting Operations”?

A

undercover police officers pretend to be members of a fake criminal organization and get these gang members to confess prior crimes they have commited.

CLU 3M EXAM REVIEW (1 decks)

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