UNIT 4 Flashcards

LAW

1
Q

The age of criminal responsibility begins at:

A

12

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2
Q

The Youth Criminal Justice Act only applies to young persons accused of contravening:

A

The Criminal Code

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3
Q

Punishments to discourage criminals from re-offending is called:

A

specific deterrence

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4
Q

Custodial sentences are served in a federal penitentiary:

A

2 year

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5
Q

A reversal of findings by the court so a person found guilty may be deemed not to have been concived of the offence:

A

Absolute discharge

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6
Q

A person cannot be placed on probation as a part of a suspended sentence for more than:

A

3 years

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7
Q

Prior to the Youth Criminal Justice Act existed:

A

The Juvenile Delinquents Act and the Young offenders Act

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8
Q

The main purpose of the Youth Criminal Justice Act is:

A

Protection of society

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9
Q

The following may have access to a youth’s criminal record:

A

The youth

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10
Q

Annulment:

A

An agreement between two spouses that the marriage never existed

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11
Q

Bigamy

A

When one spouse is married to two people at the same time

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12
Q

Thinskull rule

A

That the defendant is responsible for all damages even if there were any pre existing conditions that would make the plaintiff more prone to injury

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13
Q

Aggravating factors

A

Circumstances that increase the security of a sentencing suggesting that the rehabilitation is unlikely and a strong deterrent is necessary

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14
Q

Mitigating factors

A

Circumstances that decrease the security of a sentence, suggesting rehabilitation will work they do not pose a threat to society, and there is no need for a strong detterent

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15
Q

Contributory negligence

A

When the plaintiff had caused an action to contribute to the defendant’s act which caused the the plaintiff’s injuries.

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16
Q

Sentencing

A

A punishment imposed by a judge on a person who has committed a crime

17
Q

Assault and battery

A

Battery is an intentional, unauthorized action towards a person such as hitting. Assault is a conduct of unwanted harrasment between a defendant and a plaintiff

18
Q

Slander

A

A statement that can be said publicly or to a person could ruin a person’s reputation, income, job, etc.

19
Q

Intentional tort:

A

When someone intentionally injures a person or interferes with a person’s property, where damages were caused. Examples are Assault, battery, trespass.

20
Q

Unintentional Tort

A

Injuries caused by an accident or an action that was not intended to cause harm.

21
Q

Intentional Tort:

A

When someone intentionally injures a person or interferes with a person’s property, where damages were caused. Examples are Assault, battery, trespass.

22
Q

Malicious prosecution

A

wrongful prosecution of a person without reasonable and probable cause

23
Q

Reasonable person

A

An ordinary person of normal intelligence

24
Q

Fair comment

A

A defense to defamation that comments were honest and made without malice.

25
Q

duty of care

A

The obligation to foresee and avoid careless actions that might cause harm to others.

26
Q

Standard of care

A

The degree of caution or level of conduct expected of a reasonable person.

27
Q

Deterrence

A

A punishment to try and help criminals from re - offending to the best of their ability

28
Q

Rehabilitation

A

Mixture of punishment and treatment, so that the offender can function in society, but still pay for their crime.

29
Q

Restitution

A

This is a punishment which makes offenders pay back society for losses or harm it suffered due to their crimes.

30
Q

Denunciation

A

This punishment is designed to send a message that the offender violates society’s basic code of values and will suffer the consequences.

31
Q

petitioner

A

The person who is seeking the divorce.

32
Q

respondent

A

The person being sued for the divorce

33
Q

fines

A

Are used for less serious crimes. Summary convictions cannot be charged more than $200 or 6 months in prison and for indictable offenses, offenders can serve up to 2 years in prison.

34
Q

Probation

A

Is for cases where the accused has the opportunity to serve their sentence in the community with a probation officer. Probation can be up to 3 years, and as a part of a suspended sentence.

35
Q

Incarceration

A

Is used for the safety of the public when the accused poses a threat to society

36
Q

suspended sentence

A

Is a withheld privilege for a specified period of time, and is used when a less strong deterrent is needed

37
Q

Absolute discharge or condtional discharge

A

Is when the court finds a reversal in the court charges so the convicted won’t be deemed of the offence.
Absolute: Released after a year
Conditional: Released after 3 years if certain conditions are met.

38
Q

false imprisonment

A

occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person’s permission.
Actual physical restraint is not necessary for false imprisonment to occur.