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Gr 11 Law > Unit 2 test > Flashcards

Unit 2 test Flashcards

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1
Q

What is Actus Reus

A

The physical element
actus reus is the guilty act or a wrongfull deed can also be the failure to do something. Must be shown to be proven

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2
Q

What is Mens Rea

A

The mental element
A guilty mind when a wrongful deed is comitted. Deals with motive intenet, and knowledge. Proving this is difficult

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3
Q

Specific intent

A

You know what you are doing is wrong and illegal. You are commiting the act with the express purposes of the end result. To prove this the athouritites must prove that a wrongful act was commited.

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4
Q

Negligence

A

Failing to take resonable care, as an ordanary person would do, where you have a duty or obligation; resulting in damage or injury to another. (Not shovelling snow no sidewalk and somone falling)

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5
Q

Gross Negligence

A

A reckless or purposeful indifference to the resonable saftey of others. A person has a duty of care and isn’t just carelesss about fufuilling the requirments but rather flagrantly ignores, and is willingfully blind, to the foreseeable danger.

Degree of negligence

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6
Q

Carelessness

A

Not giving sufficient thought to attention to avoiding harm or errors. Not intentional or malicious
Degree of negligence

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7
Q

Recklessness

A

Taking an unjustifiable risk, that a reasonable person would not take, that results, or may result in harm. (Weaving in and out of traffic on highways)
Degree of negligence

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8
Q

Knowledge (underling principle of mens rea)

A

The knowledge of certian circumstances or events can make a person legally, responsible for a criminal act or an accomplice to it. Understanding is implied when establishing knowledge

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9
Q

Foreseeablility

A

The ability to anticipate an event or predict the result/concequences of an action
Aspect of Knowledge

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10
Q

Willful Blindness

A

The deliberate or intentionale failure to acnoladge the potential concequences of an act
Aspect of Knowledge

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11
Q

Summary Conviction Offences

A

(Minor crime) They are criminal offences that can be dealt with summarily, without the right to a jury trial and/or indictment. Less serious, less time in court

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12
Q

Indictable Offences

A

require an indictment, a legal writ/document, from the courts to peruse the matter after a preliminary hearing. Serious cases that may require a jury trial.

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13
Q

Hybrid offences

A

Seriousness varies according to the circumstances of the offence. (Inbetween indicatble and summary conviction offences)

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14
Q

Custody

A

To be in the are/control of the authoritites

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15
Q

Detention

A

The process when the governemnt lawfully holds a person removing his or her freedom/liberty at that time. Less serious than arrest. You are entitled to legal council if detained

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16
Q

Criminal investigation

A

Begins the minute the police are aware/informed of a criminal act within the community.

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17
Q

Criminal case

A

Begins when the police formally charge the individual(s) with committing an offence.

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18
Q

Arrest

A

Legally deprive of liberty by seizing or touching the person to indicate that he or she is in custody. Detained with a purpose of charging with a crime

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19
Q

Charge

A

To make an accustaion against an individual in order to bring to trial.

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20
Q

Indict

A

A formal accusation (charge) indicating a criminal case required for serious crime, most often initiated by a writ/formal written statement

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21
Q

Resonable grounds

A

means the info would lead a resnonable person to conclude that the suspect has commited a criminal offence

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22
Q

Police and your rights against them

A

They can only arrest you if they have just cause or resonable grounds to do so. The police must follow due process. You have the right to be informed of your rights in case of arrest, and from ages 12-18 you have extra rights.

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23
Q

What is due process and concequences of police not following it

A

The police must follow “proper judicial procedure” referred to as due process.
If they don’t there are grounds for an appeal, inadmissibility of evidence, and complete dismissal of the charges

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24
Q

Citizen’s arrest

A

an arrest without a warrant by any person other than a peace officer. Rarely used as it can be used against them like charges of assault, and unlawful detention.

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25
Q

Questioning

A

Aka interrogation
they ask you questions.

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26
Q

Search and Seizure

A

Search laws must have warrant only items on the warrant can be taken. Unless there are stolen & illegal items present. Items can be help for 30 days max. No warrant is needed if you are arrested and you consent to the search.

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27
Q

Warrants

A

A legal form or document signed by a judge, giving the police the authority to do a certain action, such as placing someone under arrest.

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28
Q

Writ

A

A court document ordering someone to complete a particular task.
The police can issue an appreance notice, sumons, or a subpoena.

ALL WARRANTS ARE WRITS NOT ALL WRITS ARE WARRANTS

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29
Q

Parties to an offence:
Counsellors

A

an individual who initiates the idea of the crime that is to be committed or who advises the principal actor as to how to commit the crime.

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30
Q

Parties to an offence:
Perpetrators

A

The person who commits the physical act or crime. AKA: perp, principal actor, primary actor, or culprit. Possible for them to not be guilty i.e. an adult tells a kid to steal

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31
Q

Parties to an offence:
Co-conspirators

A

Anyone assiting in the PLANING or commition of a crime

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32
Q

Parties to an offence:
Conspiracy

A

An agreement between 2 or more people to do something illegal.
The act of planing the crime is the crime. Must be true intent to commit to act so jokes and fiction don’t count

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33
Q

Parties to an offence:
Accessories/accomplices

A

Those who assist the principle actor but do not commit the crime. often contributing by aiding and abetting. Variety of roles and DON’T necessarily KNOW the details of the crime they are contributing to.

34
Q

Parties to an offence:
Procurer/solicitation

A

The person who gets the materials (solicts) for the crimes/ The crime doesn’t need to be commited, usually are ignorant to teh crime, but not always.

35
Q

Define solictitate, solicitation, and soilcitor

A

Solicitate: Ask for illegal stuff
Solicitation: Selling the illegal stuff
Solicitor: Type of lawyer

36
Q

Parties to an offence:
Aiding/abetting

A

Aiding: to assist in the commission of a crime
Abetting: to encourage the commission of a crime

To be convicted of this 2 things have to be proven

1) Know there was intent to commit a crime
2) Aided or encourage the commission of the crime before, during, or after the fact

37
Q

Parties to an offence:
Accessory, After the fact

A

Helping anyone who committed a crime to hide or escape is a crime/ Knowledge is a key factor when being charged an an accessory.

38
Q

Types of homicide

A

2 main types:
Culpable and Non-Culpable homicide

3 types of Non-Culpable homicide:
Accident, Self defence, and M.A.I.D

5 types of Culpable Homicide:
Murder, Manslaughter, and Infanticide.
2 “other types” are suicide, and attempted murder

2 types of murder:
First degree, and Second degree

39
Q

Homicide

A

Killing another person directly or indirectly

40
Q

Culpable Homicide
& its 4 influences

A

Blameable or Criminal homicide. 3 elements

Causation: The action that causes the event

Provocation: Provoking someone else to attack

Compulsion: A strong irresistible impulse to perform an act

Duress: Compulsion by threat of force or coercion.

41
Q

Murder

A

Intentional homicide 2 degrees

1) Premeditated murder, Planned and deleberate

2) Deliberate but not premeditated. Heat of the moment

42
Q

Manslaughter

A

Unlawful act with general intent which causes death.
Ex. In a brawl and killing someone by accident. (You still had intent to harm them not to kill them)

43
Q

Infanticide

A

The killing of an infant shortly after birth. Post-Partum syndrome and shaken baby syndrome

44
Q

Suicide

A

Taking ones own life by commiting an unlawful act & with specific intent if succesful can’t be punished & its status is questionable.

45
Q

Attempted Murder

A

Extreme disregard for human life. Actus Reus is there. Conspriacy

46
Q

Non-Culpable Homicide

A

Non-criminal homicide

47
Q

Accident

A

Could be negligence or wilful blindness, making it sometimes an indictable offence.

48
Q

M.A.I.D. medical assistance in dying

A

To recive maid you must
A) Be experiencing intolerable suffering
B)Must sign a written request expressing their with to end thier life. (Must be don infront of 2 witnesses)

Not legal or finanical intrest can be there, and consent must be shown right before death, and can be revoked at any time.

49
Q

Self defence

A

Getting back to a “normal” is allowed but you cannot go further

50
Q

1st degree Assault

A

*Applying intentional force to another person, without consent.

Attempting or thereatening to apply force, doesn’t need touch, Blocking the way of another, or begging while showing you are in possesion of a weapon

Hybrid offence 5 years max

51
Q

2nd degree Assault

A

Assault causing bodily harm
Measureable amount of harm
Intent to activley cause harm
Can involve carrying or use of a weapon

Hybrid offence 10 years max

52
Q

3rd degree Assault

A

Aggravated assault causing bodily harm
Wounding maiming, disfiguring, or endagering the life of the victim.

Incidtable offence max 14 years

53
Q

Sexual assault

A

3 degrees (levels)
1) Sexual assalt

2)SA causing bodily harm

3)Aggrivated SA
Max could be life in prision

54
Q

Theft

A

The act of stealing the goods or property of another permanently or temporarily. Most common crime in Canada

55
Q

Larceny

A

Stealing and using it not selling it.

2 types Petty theft and Grand larceny

Petty:Larceny under a specified amount

Grand:Larceny over a specific amount

56
Q

Burglary

A

Unlawful entry into a structre with intent to commit any crime inside.
NO BREAKING & ENTERING IS RECUQIRED, they can walk thorugh an open door

57
Q

Robbery

A

Stealing in thier presence with violence or intimidation

58
Q

Embezzlement

A

Taking what is legitimately given to you. and taking with without consent for personal use

59
Q

Fraud

A

Deceit or trickery used for profit.

60
Q

Identity theft

A

stealing personal information for impersonating them.

61
Q

Fencing

A

The relocation and/or selling of stolen goods by means of a 3rd party.

The people that sell your stolen stuff

62
Q

Laundering

A

Moving “dirty” money though a ligetamate buisness, to “clean” it.

63
Q

Forensics

A

Application of scientific alnalysis to physical evedence in the course of an investigation

64
Q

FIS

A

Forensic Identification services (collection)
Key members of forensics teams who collect evidence to aid criminal investigations

65
Q

Anthropology

A

The science of human beings. especially : the study of human beings and their ancestors through time and space and in relation to physical character, environmental and social relations, and culture.

66
Q

Serology

A

A laboratory test that checks for the presence of antibodies or other substances in a blood sample

67
Q

What are testable fluids

A

fluids you can find dna from

Saliva, vomit, blood

From blood splatters you can find the direction, velocity, consistency, and transfer

68
Q

odontology

A

the scientific study of the structure of teeth and surrounding tissues

69
Q

Dental analysis

A

Form of ID useful when there are dental records of them. Bite marks can be used

70
Q

Autopsy

A

Finding cause of death and other medical questions by examining the dead body

71
Q

Forensic pathology

A

diagnosis of disease and causes of death by means of laboratory examination of body fluids

72
Q

Fibers and hair analysis

A

Can be analysed to determine colour, manufacture, animator human, if its curly, straight, dyed, fulled, or fallen out, what part of the body its from, if its recently cut

73
Q

Fingerprinting

A

Used as I.D. only destroyed when asked.
All indictable offences can ask you for fingerprints

74
Q

Laser scaning tech

A

Used on immposible places like skin, leather, rubber, or clothes

75
Q

Graphology, writing analysis

A

considers spacing and when the pen is lifted

76
Q

Ink & paint analysis

A

Can date a document and can tell if its printed or writen.

77
Q

Cell & burner phones

A

Sim cards are identifiable by the IMSI
Indicates everything by the carrier

Burner phones have no ID on it

78
Q

Video surveillance

A

Can be manipulated. enhancing, re-pixilating, and reforming can be seen as tampering

79
Q

Forensic entomology

A

Can tell when they died based on the bugs.

80
Q

Balisitics

A

science of projectiles and firearms

81
Q

Forensic reporting

A

Social scientists look insdie the criminal mind, helps determine the mens rea

82
Q

Life cycle of forensics

A

Lifecycle:
Collection –> examination –> analysis –> reporting

Gr 11 Law (3 decks)

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