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Criminal Code > test 1 > Flashcards

test 1 Flashcards

1
Q

Which Co-existence Multiple legal traditions and a variety of legal arrangements:
- Trade
- Commerce
- Intermarriages

A

Indigenous law:

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2
Q

Canada is __ which coexistence of multiple legal systems within the same geographical area:

A

Legally Pluralist

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3
Q

Which Co-Existence Term for Private law, the legal system used in many European countries and Quebec
- Highly Structured
- Top-down
- Deductive reasoning

A

French Civil Law

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4
Q

Which Co-Existence Introduced in the 1660s in Canada, Quebec Civil Code is a civil law system, Common law applies to public law matters in the province and to all matters elsewhere in Canada
- Organic
- Bottom-Up
- Inductive reasoning

A

English Common Law

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5
Q

Actus Reas: __ in a crime may be an act and omission or state of being, and even the conduct must be voluntary. The accused must be effectively in control of their behaviour, The requirement of voluntariness is not stipulated in the code, it is an established common law principle that conduct occurs involuntarily.

A

Conduct

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6
Q

Actus Reas: The conduct is not criminal unless it is committed in specific __ . the offence of trespassing at night includes some circumstances. offence is under Section 177.

A

Circumstances

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7
Q

Actus Reas: a crime is the result of an act or an omission, For ex: The consequence or result in homicide is death… Section 222 (1) a person commits homicide when directly or indirectly. by any means he causes the death of a human being

A

Consequences

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8
Q

Actus reus: is established if the conduct of the accused caused the consequence to occur. Often arises in Homicide cases, if the accused conduct causes the victim’s death. two court types are Factual & Legal. Factual ___ means how the victim came to die in the medical or physical sense. Legal __ if an accused person should be responsible for the death.

A

Causation

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9
Q

Mens Rea: The highest level is the intent of purpose, followed by knowledge (for which willful blindness can substitute), and finally recklessness. Offences are made out on the basis of more than one form of mens rea. if they intentionally or recklessly cause damage by fire or explosion to property that they do not own (S.434).

A

Subjective Mens Rea-

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10
Q

Mens Rea: In common law, is the long-standing presumption that criminal offences require some sort of subjective mens rea. In Parliament it is required by terms intent may be expressed such as dangerous, careless, negligence, or reasonableness.

A

Objective Mens Rea

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11
Q

Objective standard, the reasonable person test

A

Objective Penal Negligence Offences:

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12
Q

Departure from the standard of care of a reasonable person penal negligence; a marked

A

Civil Negligence

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13
Q

Mens Rea & Charter: Section __ the mens rea and charter guarantees that a person will not be deprived of life liberty or security if they accept the principles of Fundamental justice.

A

Section 7

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14
Q

Concurrence of ___ & ___: general principle of common law that for an offense to occur both the __ & ___ must be present at the same time.

A

Mens rea and actus rea

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15
Q

Parties to an Offences (who can be charged with a crime): ___ & ___a crime: Sections 21 & 22 Those who committed the crime and those who aid and abet a crime

A

Aiding and Abetting

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16
Q

Section __ (1)(a) is known as principal or perpetrator

A

Section 21

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17
Q

Attempt The offence of attempting to commit an offence in Section 24:
1. –
2. –
3. –

A
  • Attempted Theft
  • Attempted Murder
  • Conspiracy
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18
Q

“Mental disorder”, as defined by Section __ of the Criminal Code, is a legal term describing a “disease of the mind”. It’s the judge’s responsibility to determine whether a specific condition qualifies as a “disease of the mind”. Medical evidence is critical, but it’s not the sole determining factor. Public safety and the potential recurring nature of the condition also play a role in the decision.

A

Section 2

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19
Q

Which Law is this: The relationship between individuals and the government is a breach of rules that society as a whole considers to be important and is prosecuted by the state. EXAMPLE: assault, theft and other criminal offences. Criminal, Administrative, and Constitutional Law

A

Public Law

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20
Q

Which Law is this: Relationships between individuals or more, Private wrong or a tort is a breach of rules that govern relationships between individuals. EXAMPLE: breach of contract or tort such as negligence. Contract, Property, and Tort Law

A

Private Law

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20
Q

in Latin meaning ”To stand by what is decided,” judges are obligated to follow precedents, which are decisions made in previous cases involving similar facts. Ensures that cases are treated alike and established principles and rules are applied. Precedents are either binding or persuasive. Are not required to adopt precedents. Ensures rules are applied consistently and predictably

A

Stare Decisis

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21
Q

a rule to be followed in similar cases. a judge must also attempt to follow the decisions of same-level courts.

A

Precedent

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22
Q

refers to a state in which a person has no conscious control over bodily movements. For example, acts done while sleepwalking or during epileptic episodes. To be a defense it needs to be something other than a disease of the mind.

A

Automatism

23
Q

Whether regular or extreme can be relied on as a defence to both specific and general intent offences. An accused who became intoxicated through no fault or choice of their own can raise a defence of intoxication

A

Involuntary intoxication.

24
Q

This defence can be used when an individual commits an offense under the threat of immediate death or bodily harm by a person who is present when the offense is committed. The threat must be believable and immediate, and the person must not be part of a conspiracy or association that compels them to commit the offence.

A

Duress

25
Q

This defence, outlined in Section 17 of the Criminal Code, applies when a person commits an offense under immediate threats of death or bodily harm from a person present at the time of the offense. The person must genuinely believe that the threats will be carried out and should not be part of a conspiracy or association whereby they are subject to compulsion.

A

Compulsion

26
Q

This defence emerges from common law and is rarely used. The defense of necessity applies when there is an imminent risk, and the action was taken to avoid direct and imminent peril. The wrongful action must be “morally involuntary” and there should be no legal alternative course of action available. Additionally, the harm caused by the accused’s action must not be disproportionate to the harm they were trying to avoid.

A

Necessity

27
Q

Which Section mentions self-defence: Section __ - __

A

Section 34 - 37

28
Q

an error about some factual circumstance, a person commits a prohibited act while believing certain circumstances exist.

A

Mistake of Fact

29
Q

a person error about the legal status of a circumstance or fact, generally cannot be used as a defense.

A

Mistake of Law

30
Q

this interception sets out the process for applying for authorization to intercept a private communication. must be signed by the attorney general of the provin

A

Authorized interceptions

31
Q

this interception Under Section 184.1 an agent of a state can intercept a private communication with the consent of one of the parties.

A

Unauthorized interceptions:

32
Q

the officer may issue an appearance notice if the offense is one of the following: an indictable offence mentioned in s 553 (these are the least serious indictable offences) - a hybrid offence -offence an offence punishable on summary conviction

A

Appearance notice

33
Q

a __is a court order setting out the offence with which the accused is charged and commanding the accused to appear in court on a certain day in time.

A

Summons

34
Q

__ conviction offenses such as loitering on private property at night, or causing a disturbance in or near a public place. least serious

A

Summary Conviction offences

35
Q

Most serious are ___. Examples are theft over $5,000, kidnapping, and robbery.

A

Indictable offenses

36
Q

the judge is responsible for determining both questions of law and questions of fact.

A

Jude alone trial

37
Q

these responsibilities are divided the judge is the trier of law while the jury is the trier of fact.

A

Jury trial

38
Q

Which section Identifies the principles of sentencing-

A

Section 718

39
Q

what does this explain; The appeal court considers the transcript of proceedings at trial and hears submissions from both parties concerning alleged errors in the court below. An appeal court will not intervene unless it can be shown that the trial judge made a palpable and overriding error in assessing the evidence.

A

role of appellate court

40
Q

Which Section Charter rights and remedies in relation to post-charge criminal procedure-

A

Section 11

41
Q

a person who brings a case against another in a court of law. “the plaintiff commenced an action for damages”

A

Plaintiff

42
Q

The person who has been charged with committing an offense. This person is also referred to as the defendant.

A

Defendant

43
Q

is law based on precedent: previous decisions made by other judges in similar cases.

A

Common law

44
Q

refers to laws written by legislative bodies such as Parliament. In Quebec, the civil law system is primarily based on statute

A

Statute law

45
Q

If someone runs away from a store with unpaid goods, that’s theft. It violates __ law because it affects other people.

A

Public Law

46
Q

If you back up your car into somebody’s fence, you could be violating their right to enjoy their property. That falls under __ law.

A

Private Law

47
Q

Saying something is proven on a balance of probabilities means that it is more likely than not to have occurred. It means that it is probable, i.e., the probability that some event happens is more than 50%. So mathematically proof on a balance of probabilities is 50.1% likelihood of something having occurred.

A

Balance of probabilities

48
Q

___or Section 33 of the Charter of Rights and Freedoms, gives parliaments in Canada the power to override certain portions of the charter for five-year terms when passing legislation.

A

Notwithstanding clause

49
Q

Attempts. 24 (1) Everyone who, having an intent to commit an offense, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offense whether or not it was possible under the circumstances to commit the offense.

A

Attempted offenses

50
Q

To stand by what is decided

A

Stare Decisis

51
Q

Who has primary jurisdiction over criminal law in canada?

A

The federal Parliament

52
Q

The act was done voluntarily and intentionally and not because of a mistake or accident.

A

Knowingly

53
Q

: deliberate failure to make a reasonable inquiry of wrongdoing (as drug dealing in one’s house) despite suspicion or an awareness of the high probability of its existence.

A

Wilful blindness

54
Q

a subjective mens rea, a person is doesn’t intend danger but knows that the danger could occur and chooses to run the risk that there will be no consequence.

A

Recklessness

55
Q

trying to commit but not completing an offence, an offence under section 24 of the code requiring intent to commit the offence, some act or omission toward completing the crime, and non-completion

A

Attempting

Criminal Code (5 decks)

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