midterm

Question 1

reasonable and probable grounds

Answer 1

a set of facts and circumstances that would lead an ordinary, cautious, and prudent person to have a strong belief beyond mere suspicion

Question 2

prima facie case

Answer 2

what the crown must prove in order to get a conviction in the absence of evidence to the contrary

Question 3

facts in issue

Answer 3

what must be presented in court to prove prima facie case (time, date, location, identity of accused, elements of offence)

Question 4

2 main theories on differing opinions on justice

Answer 4

1. crime control model

2. due process model

Question 5

due process model

Answer 5

• protection of legal rights of the accused
• presumed innocent regardless of their apparent guilt
• emphasis on the individual

Question 6

crime control model

Answer 6

• societal rights are most important
• “get tough on crime”
• considerable trust in police practices and treats accused person as guilty

Question 7

charter was enacted when?

Answer 7

April 17, 1982 (outlines system of government)

Question 8

year of the constitution act of when we became independent?

Answer 8

1967

Question 9

year of the constitution act of when we could change law without permission from Britain

Answer 9

1982

Question 10

Legal Rights (section 7-14)

Answer 10

everyone has the right to live the way they want as long as its within the law

Question 11

indictable offence

Answer 11

serious crime, subject to range of sentences

Question 12

summary conviction

Answer 12

minor offence, subject to fine/and or a max term of imprisoment of 6 months

Question 13

hybrid offences

Answer 13

crown decides whether to prosecute as indictable offences or summary convictions

Question 14

what is a crime?

Answer 14

violation of any federal law only (not provincial)

Question 15

7 elements of a crime

Answer 15

1. legality
2. mens rea
3. actus rea
4. concurrence between mens rea and cactus rea
5. harm
6. causation
7. punishment

Question 16

Mens Rea

Answer 16

referred to as “guilty mind”

Question 17

Actus Rea

Answer 17

“guilty act”

Question 18

max penalty

Answer 18

up to $5000 fine, and/or up to 6 months jail

Question 19

how to fill out a duty book

Answer 19

date highlighted in yellow, time of commenced duty, location, course code, teacher, what you do, when you end class, end of day, initial (cross out) and student #

Question 20

private law

Answer 20

governs legal relationships/obligations between individuals, used primarily to settle private disputes, doesn’t include criminal law
example:renting off of someone, buying/renting from store

Question 21

public law

Answer 21

governs relationship between individuals and government, concerns issues impacting all of society, different areas of public law exist (C.C.A.T)

Question 22

name the 4 different areas of public law

Answer 22

Criminal
Constitutional
Administrative
Tax Law

Question 23

crime funnel

Answer 23

only some criminal behaviour comes to the attention of the police/courts; many are dealt with outside the formal justice system

Question 24

section 24 of charter “remedy”

Answer 24

anyone whose rights+freedom, as guaranteed by this charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy

Question 25

charter of rights and freedom

Answer 25

guarantee of rights+freedoms, fundamental freedoms (freedom of speech, media, protests act)

Question 26

section 7

Answer 26

everyone has the right to live the way they want as long as its within the law

Question 27

section 8

Answer 27

to be secure against unreasonable search or seizures

Question 28

section 9

Answer 28

to not be arbitrarily obtained or imprisoned

Question 29

section 10

Answer 29

to retain and instruct a lawyer to represent them in justice proceedings

Question 30

section 11

Answer 30

to have a trial within reasonable time period, innocent until proven guilty

Question 31

section 12

Answer 31

not be subjected to any cruel or unusual punishment

Question 32

section 13

Answer 32

witness who testifies in any proceedings has right not to have any incriminating evidence given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.”

Question 33

section 14

Answer 33

party/witness who doesn’t speak or understand the language has right to assistance of interpreter

Question 34

burden of proof

Answer 34

the obligation for the Crown prosecutor to provide evidence that will convince the court or jury of an accused person’s guilt

Question 35

how laws are made and who makes them?

I-D-A-C-A-RR

Answer 35

Introduce-debate-adoption-codification-amendment-reform/repeal
Legislation