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Criminal Procedures > Test 1 > Flashcards

Test 1 Flashcards

1
Q

What are the two sources of law that criminal law derives from?

A
  1. Common Law
  2. Statutory Law
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2
Q

What are precedents?

A

Judge made law: Lower courts are compelled to follow the decisions of the higher courts

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3
Q

What is stare decisis?

A

The principle that judges must follow previous rulings within the same province or territory

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4
Q

What is the highest court in Canada?

A

The Supreme Court of Canada

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5
Q

Name the 5 main levels of court?

A
  1. Ontario Court of Justice
  2. Superior Court of Justice
  3. Divisional Court
  4. Court of Appeal
  5. Supreme Court of Canada
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6
Q

What does Ultra Vires refer to?

A

Beyond the legal authority of a level of government to create a law

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7
Q

What does Intra Vires refer to?

A

Within the legal authority to create a new law

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8
Q

What section of the constitution covers provincial and territorial powers?

A

Section 92

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9
Q

What section of the constitution covers federal powers?

A

Section 91

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10
Q

What level of government take care of the administration of justice?

A

Provincial government

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11
Q

Is the Criminal Code of Canada a statute or legislation?

A

Statute

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12
Q

Name 5 common summary and hybrid offences

A
  1. Causing a disturbance
  2. Trespassing
  3. Assault
  4. Criminal Harassment
  5. Indecent communication & Harassing communications
  6. Operation of a conveyance while prohibited
  7. Fraud Under
  8. Identify theft
  9. Indecent Act
  10. Mischief Under
  11. Possession of property
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13
Q

In civil law, explain the meaning of assault and what act follows it?

A

Assault is the perception and battery is the act

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14
Q

What is the difference between general assault and domestic violence?

A

General assault is against another individual that may include a stranger; Domestic violence is between spouses

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15
Q

What kind of insurance is required for a practicing advocate, generally?

A

Error and omissions

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16
Q

What does Rule 3 cover in the Paralegal Code of Conduct?

A

Duties owed to the client

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17
Q

What is not permitted during cross-examination?

A

Introducing new evidence

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18
Q

What is the purpose of re-examination?

A

If the crown poked holes in your examination, you may ask clarifying questions

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19
Q

What is the name of the bill that passed pertaining the section 781(1) of the Criminal Code?

A

Bill C-75

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20
Q

What does Rule 4 cover in the Paralegal Code of Conduct?

A

Paralegal duty as an advocate

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21
Q

What do you need to identify for a stay of proceedings due to non-disclosure?

A
  1. What items have not been disclosed
  2. The letters that have been sent requesting the disclosure
  3. That the Crown has failed to respond to the requests for disclosure
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22
Q

What are two things you need to ensure when you are submitting a non-disclosure application with respect to the Rules?

A
  1. Ensure the criminal Rules have been followed regarding filing and service of the application forms
  2. Ensure that there is a date set for the application
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23
Q

What is the only exception to breaking Client/Solicitor privilege?

A

Public Safety exception and also prevention of death or harm

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24
Q

What is covered in R.v. Murray?

A

Obstruction of Justice

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25
Q

What section of the Rules of Conduct cover Client Property?

A

Rule 3.07

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26
Q

What section of the Rules of Conduct cover Withdrawal of Representation?

A

Rule 3.08

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27
Q

What section of the Rules of Conduct cover Withdrawal of Representation?

A

Rule 6

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28
Q

What is meant by “Tunnel Vision?”

A

A situation in which a particular suspect is believed by the investigators to be guilty of an offence and any evidence consistent with the theory is dismissed as irrelevant, incredible or unreliable

29
Q

What can a Paralegal do to become competent?

A
  1. Get yourself up to date
  2. Get support from senior counsel
  3. Pass the matter on to a competent counsel
30
Q

What Rule is satisfied when you ask for support to be competent in a matter?

A

Rule 3

31
Q

What is an inchoate offence defined as?

A

An attempt; Not fully completed and not all of the elements of actus reas

32
Q

Define “Onus”.

A

The responsibility or obligation to prove

33
Q

What is meant by “Reverse Onus”?

A

The burden rests with the accused.

34
Q

What is an example of a time reverse onus would become applicable

A

Bail court

35
Q

What is Actus Reus?

A

Guilty Act

36
Q

What is the difference between Robbery & Theft?

A

The way that the item(s) were taken

37
Q

Define Omission.

A

Failure to do an act that has a legal duty to something that results in harm(negligence)

38
Q

Define Commission

A

The execution of an act that causes harm

39
Q

What does a “reasonable person” mean?

A

Most logical thing to determine

40
Q

What would be a charge that lacks consent?

A

Sexual Assault

41
Q

What is section 276(1) of the Criminal Code considered?

A

Rolling events that led up to the sexual assault

42
Q

What is Mens Rea?

A

The guilty mind

43
Q

What are some offences that indicate possession and intent?

A
  1. Weapon offences
  2. Controlled drugs
  3. Break-in-tools
44
Q

Does every charge require actus reas & mens rea?

A

No

45
Q

What are the 3 types of absolute liability?

A
  1. Causation
  2. Involuntariness
  3. Necessity
46
Q

What is the term used in R.v. Brown to speak to the hypnotic state of the accused?

A

Automatism

47
Q

What is meant by subjective mens rea?

A

What was in the mind of the accused?

48
Q

What is meant by objective mens rea?

A

What would a reasonable person facing the same circumstances do?

49
Q

What are 4 lower levels of intent?

A
  1. Recklessness
  2. Wilful Blindness
  3. Criminal Negligence
  4. Knowledge
50
Q

Define Motive

A

Underlying reasons; the why

51
Q

What does intention dictate?

A

The severity of the crime

52
Q

What is meant by MO?

A

The preferred method

53
Q

How many parties need to be present to consider conspiracy?

A

Two or more parties

54
Q

What section covers penalties for an offence?

A

S.463

55
Q

What case refers to timeline?

A

R. v. Jordan

56
Q

What is a general provision?

A

What is resorted to when there is no specification

57
Q

What is the maximum fine that a Paralegal can defend for a summary conviction matter?

A

$5000

58
Q

What is the maximum fine that a Paralegal can defend for a summary conviction matter?

A

$5000

59
Q

What are the 3 forms of release?

A
  1. Appearance notice
  2. Promise to Appear
  3. Recognizance of bail or surety bail
60
Q

What court does a surety need to appear in if the accused breaches bail?

A

Estreatment Court

61
Q

What is a private information?

A

When people are not at the meeting of the minds and the criminal court is not involved

62
Q

What is meant by a global resolution?

A

Bringing multiple informations into one court to resolve all matters in one court

63
Q

What is meant by the rule of duplicity?

A

You cannot be charged with an offence twice

64
Q

What is Direct Intent?

A

A desire or purpose to achieve a particular consequence which is certain to occur

65
Q

What is identification?

A

Evidence showing that a person charged with an offence is the one who committed the offence

66
Q

Who is a Forensic Identification Specialist?

A

Specially trained officer responsible for collection of physical evidence from a crime scene

67
Q

What re the 3 types of inchoate offences?

A
  1. Attempt
  2. Conspiracy
  3. Counselling someone to commit a crime
68
Q

What is a dual procedure offence or hybrid offence?

A

Offences for which the Crown may elect to proceed by way of summary conviction or by indictment

Criminal Procedures (3 decks)

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