Multiple choice Flashcards
What is restitution?
A punishment that requires the offender to pay the victim or society back for the harm or lose suffered
Rule of law principles?
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
Features of common law?
1) the law is common to all 2) the use of case law 3) the use of assizes
What is habeus corpus?
Requires the authority making the arrest to bring the detained person before a judge or court to determine the validity of the arrest
What is Canada’s highest court?
The Supreme Court
What are reasonable limits to the charter
Your rights cannot pose a threat to public safety or infringe upon the rights of others
Freedom of expression limitations
Hate speech
Freedom of religion limitation
Your religious beliefs cannot infringe on the countries laws
Freedom of assembly limits
Law enforcement can stop it if it becomes violent or a threat to public safety
Mobility rights - what is allowed?
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.
What two elements must be present for something to be considered a crime
Actus reus and men’s rea
What do you call a person who commits a crime
A perpetrator
1) aiding 2) abetting 3) counselling
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
What is automatism
A condition in which a person acts without being aware of what they are doing
When can insanity hear used as a defence
When the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act.
What circumstances make it first degree murder
When the murder is planned or deliberate or results in the death of a peace officer
Basic elements of a robbery
Theft with or with the threat of violence
Breaking and entering elements
1) breaking in to an establishment 2) the intent to commit an indictable offence once inside
Why does a judge issue a summons?
A summons is given to a person once they have been charged with an offence
Why do police issue an appearance notice?
It is a document telling you when to appear in court to be criminally charged
When can police make an arrest without a warrant
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.
When can police search you without a warrant?
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.
What does the court clerk, foreperson of the jury, and judge do
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
What’s the purpose of a preliminary hearing
To inquire if there is sufficient evidence to put the accused on trial
What is voir dire
A mini trial in which jurors are excluded while the admissibility of evidence is discussed
What is cross examination
The second questioning of a witness to test the accuracy of the testimony performed by the opposing counsel
Why are people with mental issues not held legally responsible
The person has to be able to appreciate the nature of the act and know it was wrong to be held legally responsible
What is the objective of punishing an offender
To make them realize the error of their ways and deter them from re offending
What does a judge take in to account when considering sentencing
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
What is parole
The release of an inmate on the promise of good behaviour into the community before the full sentence is served
Consecutive vs. Concurrent sentences
Consecutive: sentences served one after another
Concurrent: sentences served at the same time
What is mandatory supervision
Mandatory supervision is defined as a court ordered period of time in the community under supervision
Describe a minimum security prison
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.
What remedies are available in a civil suit
Monetary remedies, declamatory remedies and injunction restraining orders
Describe garnishment
A court order requiring a third party to pay the plaintiff money owed by the defendant
What defence is there for negligence
contributory negligence, comparative fault, and assumption of risk.
What defence is there for libel
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.
What is medical battery
Performing the wrong medical procedure or performing a procedure without consent
What is trespass to chattels
Intentionally interfering with someone’s personal property
What are the four reasonable limitations criteria
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
