midterm Flashcards
reasonable and probable grounds
a set of facts and circumstances that would lead an ordinary, cautious, and prudent person to have a strong belief beyond mere suspicion
prima facie case
what the crown must prove in order to get a conviction in the absence of evidence to the contrary
facts in issue
what must be presented in court to prove prima facie case (time, date, location, identity of accused, elements of offence)
2 main theories on differing opinions on justice
- crime control model
2. due process model
due process model
- protection of legal rights of the accused
- presumed innocent regardless of their apparent guilt
- emphasis on the individual
crime control model
- societal rights are most important
- “get tough on crime”
- considerable trust in police practices and treats accused person as guilty
charter was enacted when?
April 17, 1982 (outlines system of government)
year of the constitution act of when we became independent?
1967
year of the constitution act of when we could change law without permission from Britain
1982
Legal Rights (section 7-14)
everyone has the right to live the way they want as long as its within the law
indictable offence
serious crime, subject to range of sentences
summary conviction
minor offence, subject to fine/and or a max term of imprisoment of 6 months
hybrid offences
crown decides whether to prosecute as indictable offences or summary convictions
what is a crime?
violation of any federal law only (not provincial)
7 elements of a crime
- legality
- mens rea
- actus rea
- concurrence between mens rea and cactus rea
- harm
- causation
- punishment
Mens Rea
referred to as “guilty mind”
Actus Rea
“guilty act”
max penalty
up to $5000 fine, and/or up to 6 months jail
how to fill out a duty book
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 #
private law
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
public law
governs relationship between individuals and government, concerns issues impacting all of society, different areas of public law exist (C.C.A.T)
name the 4 different areas of public law
Criminal
Constitutional
Administrative
Tax Law
crime funnel
only some criminal behaviour comes to the attention of the police/courts; many are dealt with outside the formal justice system
section 24 of charter “remedy”
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
charter of rights and freedom
guarantee of rights+freedoms, fundamental freedoms (freedom of speech, media, protests act)
section 7
everyone has the right to live the way they want as long as its within the law
section 8
to be secure against unreasonable search or seizures
section 9
to not be arbitrarily obtained or imprisoned
section 10
to retain and instruct a lawyer to represent them in justice proceedings
section 11
to have a trial within reasonable time period, innocent until proven guilty
section 12
not be subjected to any cruel or unusual punishment
section 13
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.”
section 14
party/witness who doesn’t speak or understand the language has right to assistance of interpreter
burden of proof
the obligation for the Crown prosecutor to provide evidence that will convince the court or jury of an accused person’s guilt
how laws are made and who makes them?
I-D-A-C-A-RR
Introduce-debate-adoption-codification-amendment-reform/repeal
Legislation
