11

Question 1

What does the blindfold represent for lady justice

Answer 1

justice is impartial, no bias, treated objectively

Question 2

What does the scale represent for lady justice

Answer 2

justice is fair and balanced in court system

Question 3

What does the sword represent for lady justice

Answer 3

Justice is strong and power b/c system can punish those who commit crimes

Question 4

Where did Canadian Criminal Law originate from?

Answer 4

• From the British Common Law

Question 5

What king established common law

Answer 5

king henry II

Question 6

what was common law in 1154

Answer 6

judges go around to cities hand out sentence and reconvene to have similar punishments for similar crimes

Question 7

What legal principle is the common law based on?

Answer 7

Stare Decisis- courts are bound by prior decisions and the decisions of higher courts based on the
outcome of prior cases

Question 8

• What is the rule of law?

Answer 8

no one is above the law and it must be applied equally

Question 9

what is the rule of law based on

Answer 9

magna carta

Question 10

substantive law vs procedural law

Answer 10

written rules and punishment (not static changes)

procedural fairness and safe guards (rights of individual, miranda rights, offenders right)- found in charter

Question 11

How long must a persons offence be resolved if its a summary offence? indictable offence?

Answer 11

18 month

30 months

Question 12

What would’ve happened if the micheal college incident happened in 1982

Answer 12

no trial because males couldnt be victis till 1983

Question 13

What bill changed sexual assault laws

Answer 13

bill c-127

Question 14

level 1,2,3 sexual assault

Answer 14

1. minor or no injury-hybrid offence, 18 months-10 years

2.involves threat of weapon or bodily harm, 14 years

3. involves, wounding, disfigurement, endangering life-max sentence

Question 15

what is the rape shield law

Answer 15

protects victims from their sexual history being brought up

Question 16

what was the doctrine of recent complaint? what happened to it?

Answer 16

person had to file a report as soon as they could safely if not they were judged.

it was abolished

Question 17

What are the two aelemtns of crime

Answer 17

actus rea: the guilty act
crim of commision
crime of omission

Question 18

is negligence a crime of omission or commision

Answer 18

trick bitch its both

Question 19

negligence vs recklessess

Answer 19

taking an unjustifiable risk that a reasonable person would not take (e.g. shooting a pellet bullet into a crowd, driving 80 in a school zone)

Question 20

wilful blindess

Answer 20

Willful blindess: a person is aware of a crime in turn a blind eye towards it

Question 21

2 things needed for an alibi

Answer 21

adequate info so popo can verify
timelt: given well before trial

Question 22

what happens if your alibi is fabricated

Answer 22

it can be used against you in court

Question 23

james bulger

Answer 23

young child murdered by 2 10yrs

Question 24

what happened to the children who murdered james bulger

Answer 24

sentenced to custody till 18 then given new names

Question 25

what is canada age of criminal responsibility? England?

Answer 25

12. 10.

Question 26

excuse defense

Answer 26

lacks mens rea to commit crime

Question 27

country with youngest age of criminal responsibility

Answer 27

Australia and England: 10 year old

Question 28

country with oldest age of criminal resposnsibility

Answer 28

argentia: 10 year old

Question 29

What is the age of consent

Answer 29

16 years old

Question 30

who can a 12-13 yr old consent to?

Answer 30

someone 2 years older

Question 31

who can a 14-15 year old consent to?

Answer 31

less than 5 years older

Question 32

What used to be the legal age for anal sex

Answer 32

18

Question 33

The police have the right to search a persons car during a routine stop-

Answer 33

No, Section 8 (if police violate this section, anything incriminating evidence they find in the car cannot be used against you or introduced in the court of law)- can only search if the have reasonable and probable cause to do so