Multiple choice

Question 1

What is restitution?

Answer 1

A punishment that requires the offender to pay the victim or society back for the harm or lose suffered

Question 2

Rule of law principles?

Answer 2

1) rule of law means that individuals must recognize and accept that law is necessary to regulate society 2) the law applies equally to everyone 3) no one in our society has the authority to take away our right except in the accordance of law

Question 3

Features of common law?

Answer 3

1) the law is common to all 2) the use of case law 3) the use of assizes

Question 4

What is habeus corpus?

Answer 4

Requires the authority making the arrest to bring the detained person before a judge or court to determine the validity of the arrest

Question 5

What is Canada’s highest court?

Answer 5

The Supreme Court

Question 6

What are reasonable limits to the charter

Answer 6

Your rights cannot pose a threat to public safety or infringe upon the rights of others

Question 7

Freedom of expression limitations

Answer 7

Hate speech

Question 8

Freedom of religion limitation

Answer 8

Your religious beliefs cannot infringe on the countries laws

Question 9

Freedom of assembly limits

Answer 9

Law enforcement can stop it if it becomes violent or a threat to public safety

Question 10

Mobility rights - what is allowed?

Answer 10

1) Every citizen of Canada has the right to enter, remain in and leave Canada. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: to move to and take up residence in any province; and. to pursue the gaining of a livelihood in any province.

Question 11

What two elements must be present for something to be considered a crime

Answer 11

Actus reus and men’s rea

Question 12

What do you call a person who commits a crime

Answer 12

A perpetrator

Question 13

1) aiding 2) abetting 3) counselling

Answer 13

1) helping a perpetrator commit a crime 2) encouraging a perpetrator to commit an offence 3) persuading or counselling a perpetrator to commit a crime

Question 14

What is automatism

Answer 14

A condition in which a person acts without being aware of what they are doing

Question 15

When can insanity hear used as a defence

Answer 15

When the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act.

Question 16

What circumstances make it first degree murder

Answer 16

When the murder is planned or deliberate or results in the death of a peace officer

Question 17

Basic elements of a robbery

Answer 17

Theft with or with the threat of violence

Question 18

Breaking and entering elements

Answer 18

1) breaking in to an establishment 2) the intent to commit an indictable offence once inside

Question 19

Why does a judge issue a summons?

Answer 19

A summons is given to a person once they have been charged with an offence

Question 20

Why do police issue an appearance notice?

Answer 20

It is a document telling you when to appear in court to be criminally charged

Question 21

When can police make an arrest without a warrant

Answer 21

When an police officer sees you committing a crime. A police officer has reasonable grounds to believe you have committed or are about to commit a serious crime.

Question 22

When can police search you without a warrant?

Answer 22

Police can search you if you are found on the premises of a place which is being searched with a warrant. Police can search you or your possessions if they have a reasonable suspicion that you have an illegal narcotic on your person. Police can search you if they have a “reasonable suspicion” based on objectively verifiable evidence that you are possibly engaged in some criminal activity.

Question 23

What does the court clerk, foreperson of the jury, and judge do

Answer 23

Court clerk: assists the judge by keeping a record of the trial exhibits, administers oaths and announces the beginning and end of a court session
Foreperson of the jury: the member of the jury who communicates with the judge
The judge: makes decisions on the admissibility of evidence, controls events in the courtroom and interprets the law pertaining to the case

Question 24

What’s the purpose of a preliminary hearing

Answer 24

To inquire if there is sufficient evidence to put the accused on trial

Question 25

What is voir dire

Answer 25

A mini trial in which jurors are excluded while the admissibility of evidence is discussed

Question 26

What is cross examination

Answer 26

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

Question 27

Why are people with mental issues not held legally responsible

Answer 27

The person has to be able to appreciate the nature of the act and know it was wrong to be held legally responsible

Question 28

What is the objective of punishing an offender

Answer 28

To make them realize the error of their ways and deter them from re offending

Question 29

What does a judge take in to account when considering sentencing

Answer 29

Sometimes reports, documents showing achievements, and letters of support are presented as evidence in a sentencing hearing. If there was a trial the judge will also consider the facts proven in the trial

Question 30

What is parole

Answer 30

The release of an inmate on the promise of good behaviour into the community before the full sentence is served

Question 31

Consecutive vs. Concurrent sentences

Answer 31

Consecutive: sentences served one after another

Concurrent: sentences served at the same time

Question 32

What is mandatory supervision

Answer 32

Mandatory supervision is defined as a court ordered period of time in the community under supervision

Question 33

Describe a minimum security prison

Answer 33

minimum security prisons generally do not have fences or other secured perimeter structures. Offenders live in rooms or dormitories rather than cells. Housing complexes in a minimum security prison consist of individual rooms, washrooms, a living room, a dining room and a kitchen.

Question 34

What remedies are available in a civil suit

Answer 34

Monetary remedies, declamatory remedies and injunction restraining orders

Question 35

Describe garnishment

Answer 35

A court order requiring a third party to pay the plaintiff money owed by the defendant

Question 36

What defence is there for negligence

Answer 36

contributory negligence, comparative fault, and assumption of risk.

Question 37

What defence is there for libel

Answer 37

truth is an absolute defense to a defamation lawsuit. If the statement that is the subject of the suit is true, and you can prove it, your attorney can move to have the plaintiff’s claim dismissed.

Question 38

What is medical battery

Answer 38

Performing the wrong medical procedure or performing a procedure without consent

Question 39

What is trespass to chattels

Answer 39

Intentionally interfering with someone’s personal property

Question 40

What are the four reasonable limitations criteria

Answer 40

The reason for limiting the right must be important enough to justify overriding a protected right

2) The more severe the limitation the more important the objective must be
3) there must be a rational connection between the limitation and the objective
4) The rate must be as limited as possible