exam part 1

Question 1

Who is the person bringing the lawsuit called, the person in a civil trial claiming to be injured?

Answer 1

Plaintiff

Question 2

what happens if the plaintiff is successful

Answer 2

defendant found liable and ordered to pay compensation or damages

Question 3

what happens if the plaintiff is unsuccessful

Answer 3

Plaintiff was ordered to pay the defendants costs responding lawsuit

Question 4

what is a person who has been charged with committing an offence, in a civil case the person being sued is also referred to accused person

Answer 4

Defendant

Question 5

this is a common law or statute law, the body of laws developed by judges following the rule of precedent, an agreement by two or more persons to do an unlawful act

Answer 5

Common law

Question 6

this is a common law or statute law, which refers to laws written by legislative bodies such as parliament, The Quebec civil law system is primarily based on this law. This law is made by our provincial and federal legislatures

Answer 6

statute law

Question 7

what law governs the relationship between individuals and government functions, includes Criminal law, Administrative law, constitutional law

Answer 7

public law

Question 8

what law governs the relationship between two or more individuals includes contract law. referred to as civil law. includes contract law, property law, and tort law

Answer 8

private law

Question 9

what is the law regarding civil wrongs, is a wrong which gives a person the right to sue for compensation

Answer 9

tort law

Question 10

under section 233 what is ___ is both a standalone indictable offence and a partial defence to a charge of murder

Answer 10

infanticide

Question 11

what is the burden of proof in civil cases, in which the burden is met if it can be said that it is more likely than not that the defendant has committed the wrong, 50% chance of the proposition being true?

Answer 11

balance of probabilities

Question 12

what is under section 33 of the charter, which allows the federal or a provincial government to enact a law that violates a certain section of the charter in certain circumstances for five year terms

Answer 12

Notwithstanding

Question 13

what is trying to commit but not completing an offence, an offence under section 24 requiring intent to commit the offence, some act or omission toward completing the crime, and non-completion

Answer 13

Attempt offence

Question 14

what is helping or encouraging a person to commit an offence

Answer 14

aiding or abetting

Question 15

What actus reus of __ is doing or omitting to do something to assist or help

Answer 15

aiding

Question 16

What actus reus of __ is encouraging, instigating, promoting, or procuring the crime to be committed

Answer 16

abetting

Question 17

what is instigating, persuading or advising another person to be a party to an offence and that other person is afterwards a party to the offence, for example, an accused was counselled by someone to murder by stabbing a victim.

Answer 17

Counselling or procuring

Question 18

what is the Latin for “to stand by what is decided” meaning that judges have to follow precedent, referring to decisions made in previous cases involving similar facts

Answer 18

stare decisis

Question 19

who has the primary jurisdiction over criminal law in Canada?

Answer 19

the Federal government/parliament

Question 20

what are less serious offences that is wholly contained within the offence charged example: manslaughter is __and __ offence to murder, and theft is __ and __ offence to robbery. DOES NOT COUNT for an assault that wounds, mains, or disfigures such as assault

Answer 20

lesser and included offence

Question 21

This means rea has two elements to aid or abet

Answer 21

• intent
• knowledge

Question 22

everyone who __ facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years

Answer 22

knowingly

Question 23

what is a type of mens rea where the accused is aware of the need to make an inquiry but chooses not to example: remain ignorant. this can substitute for knowledge where knowledge is required

Answer 23

wilful blindness

Question 24

what is a type of subjective mens rea, where a person does not intend a certain consequence but knows that the consequence is possible and chooses to run the risk that the consequence will not occur?

Answer 24

recklessness

Question 25

what is intent to commit an offence, does or omits to do anything for the purpose of carrying out his intention is guilty of an attempt to commit the offence

Answer 25

Attempting

Question 26

what are the two limits on our charter rights and freedoms?

Answer 26

- infringement - Notwithstanding (section 33 of Charter)

Question 27

which charter rights and freedoms limit is reasonable and justified, the government needs to prove that there is a pressing and substantial objective for the law and achieve objectives are proportional

Answer 27

infringement

Question 28

which charter rights and freedoms limit allow Parliament or the legislature to expressly declare that an act or provision shall operate __ in section 33

Answer 28

notwithstanding

Question 29

which case since had no authority in the statutes or common law the sniffer-dog in this case, violated section 8 of the charter

Answer 29

R. v A.M 2008 SCC 19

Question 30

which case had the accused charged with voyeurism under section 162(1)(c), english teacher used a camera concealed inside a pen

Answer 30

R. v. Jarvis (2019 SCC 10)

Question 31

which case had five young racialized, but exclusion of evidence under section 24 (2) of the charter. had charter-infringing police misconduct from breaking sections 8 and 9 of the charter

Answer 31

R. v. LE (2019 SCC 34)

Question 32

what is the physical element, act or omission?

Answer 32

Act reus

Question 33

what intent offence requires the intent to achieve the immediate result

Answer 33

General intent offences

Question 34

what intent offence is an offence that requires an additional intent beyond the intent to achieve the immediate result

Answer 34

specific intent offence

Question 35

what happens if someone who is practising their baseball swing accidentally strikes someone else with the at

Answer 35

voluntary act

Question 36

what is to an offence is one who, knowing hat a person has been a party to the offence, receives, comforts, or assists the person for the purpose of enabling that person to escape

Answer 36

accessory after the fact

Question 37

__ is a legally pluralist or multi-juridical country

Answer 37

Canada

Question 38

Actus Reus four Cs

Answer 38

- conduct - Circumstance - Consequences - Causation

Question 39

which Actus Cs is this: an act, omission, state of being

Answer 39

Conduct

Question 40

What is the blameworthy element of a criminal offence, Guilty Mind

Answer 40

Mens Rea