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Law 12 > Test number 2 > Flashcards

Test number 2 Flashcards

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1
Q

What document outlines criminal offences and punishments?

A

Criminal Code

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2
Q

How was the common law created?

A

Based on past precedents and cases

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3
Q

What can a wrongful act include?

A

Something didn’t do but should

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4
Q

What is the max penalty for a summary offence?

A

2000$ or 6 months in jail

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5
Q

What are the two main elements of a crime

A

Actus Reas and Mens rea

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6
Q

How can a person be guilty of a criminal offence and not complete the act

A

Abetting/ attempt/aiding

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7
Q

Define Recklessness

A

A state of acting carelessly without regard for the consequences of one’s action

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8
Q

Define aiding and abetting

A

Assisting someone to make a criminal offence. Encouraging or urging another person to commit a crime

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9
Q

How are judges hired in the criminal division of provincial court?

A

Appointed by Provincial Gov

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10
Q

What matters does the Supreme Court of Canada consider

A

Issue of great importance Final Appeal

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11
Q

What is the purpose of Criminal Law

A

To Safeguard Canadian of driving safely and not be subject to physical harm

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12
Q

What is the Max penalty for indictable offences

A

Life imprisonment

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13
Q

In what type of cases can the crown decide how to proceed?

A

Hybrid Offences

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14
Q

Who decides the penalty for an indictable offence

A

Trial judge

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15
Q

Define actus reas

A

A wrongful deed: physical act of a crime

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16
Q

What type of evidence is motive

A

Indirect/ circumstantial evidence

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17
Q

Define Attempt

A

Act done with the intent to commit a criminal offence but without success

18
Q

What occurs in the criminal division of provincial court

A

Summary conviction and less serious indictable

19
Q

Which government makes criminal law

A

The federal gov

20
Q

Which court hears legal disputes involving the federal government

A

Federal Courts

21
Q

Define criminal law

A

Crimes and punishments

22
Q

Define Civil law

A

Deals with wrongs committed against an individual

23
Q

What court will rule on a summary conviction case

A

Provincial courts criminal division

24
Q

In criminal justice system, how must guilt be determined

A

Beyond a reasonable doubt

25
Q

what is a guilty mind

A

Mens rea, mental element of one’s criminal creations

26
Q

what is the careless disregard for others

A

Reddesoness

27
Q

what is accessory after the fact

A

If you knowingly help a person to escape or hide from police

28
Q

What are the options for a case being heard in provincial superior court

A

Judge and jury

29
Q

What is it called to encourage someone to commit a crime

A

Abetting

29
Q

What court hears appeals from the trial division of provincial superior court

A

Provincial court of appeal

30
Q

define summary offences

A

A minor criminal offence with less severe punishments which is usually tried soon after the charge is laid

31
Q

Define indictable offences

A

A serious criminal offence with a severe penalty, proceeding by way of a federal court document called an indictrent

32
Q

define hybrid offences

A

By way a summary conviction or an indictable offence

33
Q

Define intent

A

The state of mind of a person who commits an action deliberately and on purpose

34
Q

What is the final court of appeal

A

Supreme court of Canada

35
Q

Which court sets Provincial precedents

A

Provincial court of Appeal

36
Q

Define motive

A

The reason for committing a certain act

37
Q

Define criminalize

A

To make a behavior a criminal offence in the criminal code of other criminal statue

38
Q

Define decriminalize

A

To make a behavior that was illegal punishable only by fines

39
Q

Define legalize

A

To make an act completely legal by removing it from the Criminal code or other Criminal statue

40
Q

Which is more important to prove motive or intent? Why?

A

Intent having a motive does not mean the accused is guilty

41
Q

Example of aiding and abetting

A

Telling someone to go rob a bank and then driving them their.

Law 12 (3 decks)

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