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SRT-T 1028 > Law Final > Flashcards

Law Final Flashcards

1
Q

What is Law

A

A written custom established by formally governing bodies with authory. There are sanctions for non compliance.

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2
Q

What is the rule of law?

A

No one is above the law. All members of society and government are treated equally.

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3
Q

What is section 24?

A

Provides remedies.

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4
Q

What are the 7 remedies?

A

1) Acknowledgment
2) Adjournment - did not receive full or timely disclosure
3) Adjournment - plus expensives
4) Exclusion of evidence - evidence obtained in a way that breaches chater rights.
5) Released on application of “Habeas corpus”
6) Reduction of sentence
7) Judicial stay of proceedings.

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5
Q

What is the maximum penalty for Summary conviction?

A

2 years less a day and/or $5000 fine.

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6
Q

What are 4 types of law?

A

1- Public - offenses against society
2- Private - offences between private citizens (groups, corporations, companies)
3- Criminal - deals with criminal and quasi-criminal (fines, tickets)
4- Civil - demands compensation for wrongdoings

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7
Q

What are the 4 main levels of court?

A

1- Alberta supreme court - cases that have come up through the system.
2- Alberta court of appeal - hears from the Kings bench court.
3- Alberta Kings Bench court - hears indicatable offenses and appeals from the provincial court. Only Kings Bench, no higher.
4- Alberta Provincial Court - hears summary offenses and certain indictable offenses at the discretion of the crown, only in the provincial court. No higher.
Extra: Alberta Administration Tribunal - often seems as quasi - judicial ex: saferoads and safety codes canada.

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8
Q

What are 3 types of offenses?

A

1- Summary offenses - less serious - 2 years less a day and/or $5000 fine
2 - indicatable offenses - more serious - life imprisonment
3 hybrid offenses - more offenses, proceeds to summary unless the crown chooses otherwise.

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9
Q

According to the YCJA, what is the definition of a young person?

A

In the absence of evidence, a young person appears to be the age of 12 or older but less than 18 years of age.

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10
Q

What is common law?

A

Judge made law development through time by judges - caselaw.

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11
Q

What makes you lawfully placed.

A

On duty, in uniform, within jurisdiction.

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12
Q

What’s the difference between endorsed and unendorsed form 7 warrants

A

1-Endorsed warrants have been signed - person is arrested but can be released on paperwork (appearance notice)
2 - unendorsed warrants - not signed - subject is arrested and brought in to speak to the JP for bail or JIR hearing.

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13
Q

What are the common law powers to search?

A

1 - Informed consent search
2 - Incident to lawful arrest
3 - Strip search
4 - Plain view
5 - Search Pursuitant to Investigative Detention.

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14
Q

What is an Informed Consent Search?

A

1 - Voluntary
2 - person in position to give consent (has operating mind)
3 - Person has legal authority to give consent ( owns or controls the property)
4 - Person giving consent has full awareness of:
- What they are consenting to
- The consequences of giving consent
- Thier right to refuse to give consent
5 - Consent can be revoked at any time.

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15
Q

What gives us statutory authory to search and/or seize ?

A
  • Sec. 51 (1) Judicature Act (identity and weapons screening in courtroom and court houses.
  • Other provincial statutes : GLCA
  • Standard Operating Procedures (SOPs) observed illegal item will be seized.
  • Search Warrant
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16
Q

What are privacy interests?

A

1 - Personal privacy - bodily fluids, DNA
2 - Territorial Privacy - home, hotel room, areas around your home.
3 - Informational Privacy - personal info, bank info, medical health records.

17
Q

What are 3 types of evidence?

A

1 - Oral Evidence - spoken
2 - Documentary Evidence - reports, a hard copy, emails, texts.
3 - Physical Evidence - weapons, clothing, vehicles.

18
Q

What is POPA? And what does it apply to traffic stop guide lines ?

A

Provincial Offenses Procedure Act - made by the provincial government - it dictates the processes of how to lay charges under provincial and municipal bylaws offenses.
- provides officers with authory to arrest and issue tickets.

19
Q

What are the 4 evidentrary issues?

A

1 - Direct Evidence : fact based. The person saw the crime committed
2 - Circumstantial Evidence: Evidence of something not in question : Subject leaves scene with bloody knife, no lt direct evidence of the crime.
3 - Admissions and Confessions : All peace officers are considered a person of authority : Voluntariness of such a statement must prove beyond a reasonable doubt.
4 - Hearsay evidence: Evidence is relayed from what they have heard to others.

20
Q

What is character evidence?

A
  • Evidence of a person’s “bad character” is not admissible at their trial.
  • Character Evidence is admissible during sentencing.
21
Q

What are the consequences for not acting?

A

S. 219 Criminal Negligence.
S. 220 Causing Death by Criminal Negligence
S. 21 Parties to the offense.

22
Q

What do you do for crime scene management?

A

1 - Close off area
2 - Identify witnesses
3 - Contact supervisor
4 - Document everything
5 - Maintain the integrity of the scene

23
Q

What is section 8 of the charter?

A

Right to be secured against an unreasonable search and seizure.

24
Q

What is Section 9 of the charter?

A

The right to not be arbitrarily Detained.

25
Q

What is section 10 of the charter?

A

Rights upon Arrest.

26
Q

What is section 11 of the charter?

A

Rights of the Accused.

27
Q

What is section 24?

A

“Remedies” to anyone whose charter rights have been proven to have been violated.

28
Q

What sections give us our “use of force”

A

Section 25 (1)(b)
Section 26 - Excessive Force
Section 27 - Prevention of offense
Section 34 - Self-defense
Section 35 - Defense of property

29
Q

What are the YJCA principals?

A

1 - Rehabilitation and reintegration.
2 - Accountability
3 - Enhanced procedural protections

30
Q

What are the duties of the officer for arresting?

A

1 - Identify yourself
2 - Identify the subject
3 - Announce arrest and offenses committed
4 - Read charter section 10 (a) or (b)
5 - Search arrested subject
6 - Notify POJ.

31
Q

What is proper court etiquette ?

A

Dress and deportment, bring incident papers (notes) only speek to crown, no jargon

32
Q

What are the 3 sources of law

A
  1. Constitution law
  2. Common law
  3. Statutes and bylaws
33
Q

What are the threshold to arrest.

A

1- Reasonalble suspicion. Lowest
2- Reasonable belief. Middle
3- Finds committing. Highest

SRT-T 1028 (3 decks)

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