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Criminal and Civil Law > Test 2 > Flashcards

Test 2 Flashcards

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1
Q

Criminal offences that are listed in the Criminal Code are created by

A

federal government

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2
Q

Which of the following statutes is not generally included in an annotated edition of the Criminal Code?

  • Canada Evidence Act
  • Highway Traffic Act
  • Youth Criminal Justice Act
  • Crimes Against Humanity and War Crimes Act
A

Highway traffic act

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3
Q

The difference between negligence and criminal negligence is that criminal negligence has what?

A

a mens rea component

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4
Q

What term describes the situation where a person is aware of the potentially harmful consequences of an act but acts anyway?

A

recklessness

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5
Q

What term describes provincial or municipal offences that are similar in nature to Criminal Code offences?

A

quasi criminal offences

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6
Q

Which of the following is not a requirement of a valid search warrant?

A

the accused’s criminal record

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7
Q

The charter of rights and freedoms guarantees which of the following rights?

A
  • the right of the accused to remain silent
  • The right of the accused to be advised by a lawyer
  • The right of all people to be free from unreasonable search and seizure
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8
Q

For a police search to be reasonable,

A
  • The law that authorizes the search must be reasonable
  • The way the search is conducted must be reasonable
  • The procedure for obtaining the search warrant must be followed exactly
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9
Q

Police may conduct a search without a warrant or legal authorization if

A
  • The search is incidental to the arrest of a person
  • The way the search is consented to by the person searched
  • The search is consented to by the person in possession of the premises being searched
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10
Q

The legal right of a police officer to search someone who has been arrested is based in what?

A

-the common law

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11
Q

TRUE OR FALSE Items that are not specifically named in a search warrant may be seized if they are in plain view and the officer has reasonable grounds to suspect that they are evidence of the commission of an offence

A

TRUE

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12
Q

TRUE OR FALSE The law does not permit police to arrest a suspect without a warrant

A

FALSE

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13
Q

TRUE OR FALSE Section 11(b) of the charter guarantees an individual’s right to counsel upon arrest or detention

A

FALSE, it’s s 10(b)

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14
Q

TRUE OR FALSE The code and the charter have equal importance and neither has authority over the other

A

FALSE, the charter overrides the code

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15
Q

TRUE OR FALSE Failing to inform an arrested person of his or her rights is a breach of the charter

A

TRUE

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16
Q

TRUE OR FALSE Even where the police have just arrested an accused person, they must obtain a search warrant to search him or her

A

FALSE, they have to search them for safety reasons

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17
Q

TRUE OR FALSE Detention only occurs where the police physically deprive a suspect of the choice to walk away

A

TRUE

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18
Q

TRUE OR FALSE Articulable cause refers to a reason to stop someone based on information known to the police that indicates that detention is necessary or justified

A

TRUE

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19
Q

TRUE OR FALSE The use of an undercover police officer to observe the accused person’s demeanor while the person is in custody is contrary to the Charter

A

FALSE

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20
Q

TRUE OR FALSE Where an accused person has chosen to remain silent, the police may use persuasion to attempt to change the person’s mind

A

TRUE

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21
Q

List 3 circumstances when police may conduct a search according to the common law

A

hot pursuit, consent search, search incident to arrest

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22
Q

Describe the process by which a judge must decide to admit or exclude evidence that has been obtained in a manner that contravenes the charter

A

when excluding evidence the judge will decide to do it, if there is a jury the judge will then send them out of the courtroom, listen to the arguments of both the prosecution and the defence, and decide whether or not the evidence can be considered or not

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23
Q

When is a search considered lawful?

A

when its reasonable

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24
Q

What is the common law test for arbitrary detention?

A
  • Whether there is an articulable cause for detention
  • The extent and duration of the detention, and
  • The conduct of the police
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25
Q

What are the factors in determining whether a period of delay is reasonable or not?

A

they are reasonably unforeseen/unavoidable, they cannot be reasonably be remedied

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26
Q

TRUE OR FALSE Quasi-criminal provincial offences can be found in the Criminal Code

A

false

27
Q

TRUE OR FALSE The Highway Traffic Act is an example of provincial legislation.

A

true

28
Q

TRUE OR FALSE A person charged with any offence, whether criminal or quasi-criminal, must have intended to commit the offence in order to be convicted

A

false?

29
Q

TRUE OR FALSE The actus reus is the physical component of a crime.

A

true

30
Q

TRUE OR FALSE An accused may, in some cases, be convicted of a lesser, included offence if the prosecution fails to prove an aggravating element (for example, the use of a firearm)

A

true

31
Q

TRUE OR FALSE Aiding means intentionally encouraging the commission of a criminal act

A

true

32
Q

TRUE OR FALSE A counsellor to an offence can actually be charged as a party to an offence under the Criminal Code

A

true

33
Q

TRUE OR FALSE A person must be charged with an included offence in order to be convicted of it.

A

false

34
Q

TRUE OR FALSE Negligence is the most serious level of intent for criminal offences

A

false

35
Q

Which of the following is not recognized remedy for non-disclosure of relevant state evidence to the defence?

  • A judicial stay of proceedings
  • Costs against the state
  • An apology from the crown or police
  • A mistrial
A

-An apology from the crown or police

36
Q

Which of the following is considered a special plea?

  • Autrefois acquit
  • Quid pro quo
  • Not criminally responsible
  • Guilty with an explanation
A

-Autrefois acquit

37
Q

People who are accused of committing a section 469 offences

  • Have an automatic right to a bail hearing
  • Must apply to a superior court judge to be granted a bail hearing
  • Have no right to a bail hearing
  • A and b
A

-Must apply to a superior court judge to be granted a bail hearing

38
Q

The mental condition of an accused at the time the offence took place

  • Always plays a role in a criminal trial
  • Never plays a role in a criminal trial
  • Is an important issue in a criminal trial
  • Affects the mens rea element
  • A, c, and d
A

-A, c, and d

39
Q

The principle of disclosure requires

  • The crown prosecutors to disclose to the defence all evidence in their possessions
  • The police to disclose to the prosecution all evidence in their possession
  • The accused and his/her lawyers to disclose to the prosecution all evidence in their possession
  • A and b
  • A and c
A

-A and b

40
Q

TRUE OR FALSE Fitness to stand trial is determined by the accused’s mental state and cognitive capacity at the time the offence was committed

A

false

41
Q

TRUE OR FALSE In a show cause hearing, the crown bears the burden of proving why an accused should be detained in custody pending trial when the accused is charged with assaulting a peace officer contrary to section 270 of the code

A

true

42
Q

TRUE OR FALSE Evidence of a previous criminal record would be considered part of the primary ground for detention in a bail hearing

A

false

43
Q

TRUE OR FALSE A person charged with treason must make an application to have a bail hearing before a superior court judge

A

true

44
Q

TRUE OR FALSE A mistrial can be declared if the defence does not make full disclosure to the crown

A

true

45
Q

TRUE OR FALSE The accused must plead guilty to the offence in order to be eligible for a diversion program

A

FALSE, its either an acceptance or a rejection of the offer

46
Q

TRUE OR FALSE Both inculpatory and exculpatory evidence must be disclosed to an accused person

A

true

47
Q

TRUE OR FALSE Types of evidence which are not admissible at a trial may be admissible at a show cause hearing

A

true

48
Q

TRUE OR FALSE For a non-section 469 offence, the onus is on the accused to show cause why he or she should be released from custody

A

true

49
Q

TRUE OR FALSE Either the accused or the crown may request a review of a detention or release order

A

true

50
Q

What are the 4 plea options?

A
  1. Plead guilty
  2. Plead not guilty
  3. Plead not guilty as charged but guilty to a lesser offence or other offence, or
  4. Enter a special plea
51
Q

To convict an accused of a crime, the judge or jury must be convinced that

  • it is more likely that the accused is guilty than not guilty
  • beyond any doubt the accused is guilty
  • beyond a reasonable doubt the accused is guilty
  • the police collected all the relevant evidence
A

-beyond a reasonable doubt the accused is guilty

52
Q

For an accused to claim self-defence under section 34(1) of the Criminal Code, which of the following conditions must be present?

  • actual force must have been used against the accused
  • the actions of the accused must be reasonable
  • the attack is against the accused only—not others
  • all of the above
A

-the actions of the accused must be reasonable

53
Q

The trier of law in a trial is

  • the prosecution
  • the judge
  • the jury
  • the judge and the jury (this is only for trier of fact)**
  • the defence
A

-the judge

54
Q

During jury selection, the defence and the prosecution

  • are allowed to exclude a certain number of potential jurors with no explanation
  • are allowed to challenge each juror
  • may be granted the opportunity to question each juror for cause
  • none of the above
  • a and c
A

-are allowed to challenge each juror

55
Q

Which party bears the burden of proving the elements of the offence and the guilt of the accused?

  • the defence
  • the judge
  • the jury
  • the prosecution
  • all of the above
A

-the prosecution

56
Q

TRUE OR FALSE The Crown bears the burden of proving that an accused person committed a crime

A

true

57
Q

TRUE OR FALSE Proof beyond a reasonable doubt means the judge or jury cannot convict an accused person if they have any doubt in their minds that the accused committed the crime

A

true

58
Q

TRUE OR FALSE Necessity is an example of the type of defence known as an excuse.

A

true

59
Q

TRUE OR FALSE The principle of fundamental justice is guaranteed by the Criminal Code

A

true

60
Q

TRUE OR FALSE Two separate charges may be laid out in a single count on the charging document.

A

false

61
Q

TRUE OR FALSE For offences that are punishable by more than five years of imprisonment (except in cases that involve first-degree murder or treason), both the Crown and the defence are each entitled to 12 peremptory challenges

A

TRUE
(except for first-degree murder, then its 20)
Punishable 5 years or less = 4 peremptory challenges

62
Q

TRUE OR FALSE Intoxication is a defence to both general intent and specific intent offences.

A

FALSE pg137 is not used for general intent of assault

63
Q

TRUE OR FALSE Both mistake of law and mistake of fact may be used as a valid defence in criminal law.

A

FALSE pg137-138) mistake of law does not provide a defence to a criminal charge

64
Q

TRUE OR FALSE The defence must disclose details of an alibi defence to the prosecution

A

TRUE pg138 rare exception

Criminal and Civil Law (1 decks)

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