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Fed Law Final Exam Flashcards

(94 cards)

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1
Q

What is law?

A

series of rules that govern society

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2
Q

common law, is law that:

A

early and traditional law proven over years

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3
Q

common law:

A

allows you to search incident to arrest

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4
Q

a criminal information is:

A

a document sworn to that initiates the charge against the accused

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5
Q

does the word “shall” allow discretion?

A

no you must do it

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6
Q

How many parts of the CC are there?

A

28

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7
Q

A Peace Officer includes which of the following?
A) A firefighter
B) An auxiliary officer with the police service
C) A CAS worker
D) A Justice of the Peace

A

a Justice of the Peace

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8
Q

Finds committing:
A) seeing and following a person who has committed a criminal offence (and is caught in the act)
B) Freshly following a person who has trespassed
C) Seeing and following a person who on reasonable grounds you believe has
committed a criminal offence
D) All of the above

A

seeing and following a person who has committed a criminal offence (and is caught in the act)

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9
Q

553 offences of the criminal code do not include:
Choose one
A) Under offences
B) Fail to Comply offences
C) Morals Offences
D) Breach of the Peace

A

breach of the peace

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10
Q

True or false:
summons is issued to compel an accused to court

A

true

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11
Q

True or False
a subpoena is for a witness to attend a trial

A

true

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12
Q

True or False
A person can arrest another person on reasonable grounds if they commit an indictable offence.

A

false (needs finds committing)

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13
Q

If your neighbour requests that you take care of their property, you can arrest someone for a criminal offence committed on or in relation to that property if you find committing. Choose one
A) True
B) False

A

true

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14
Q

A property owner or person authorized can arrest for summary conviction offences on or in relation to anyone’s property if they find committing.
Choose one
A) True
B) False

A

true

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15
Q

A citizen must deliver an arrested person forthwith to a peace officer.
Choose one
A) True
B) False

A

true

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16
Q

A Police Officer may arrest a person if they have committed an indictable offence.
Choose one
A) True
B) False

A

true

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17
Q

A Police Officer may arrest a person if they find committing a Criminal Offence.
Choose one
A) True
B) False

A

true

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18
Q

A Peace Officer may arrest someone about to commit a summary conviction offence.
Choose one
A) True
B) False

A

false

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19
Q

A Police Officer shall arrest someone they believe on reasonable grounds has committed a cause disturbance in a public place.
true or false

A

false (finds committing)

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20
Q

Section 495(2) of the Criminal Code states you shall not arrest for which of the following offences if PRICE is satisfied?
A) Keeping a gaming or betting house
B) Trespass at Night
C) Take motor vehicle without consent
D) All of the above

A

all of the above

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21
Q

True or False
Articulable cause deals with reasonable cause, not reasonable grounds.

A

true

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22
Q

Investigative detention is thought of as:

A

Articulable cause to believe a person is involved in criminal activity

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23
Q

True or False

During a domestic dispute a spouse can be charged with threatening and assault if there are facts to support elements of the offence. Assault does not have an included offence of Threatening.

A

true

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24
Q

If “justified” when using force, you:

A

Are protected from criminal and civil liability

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25
Section 34 of the Criminal Code talks about:
self defence
26
At what stage of the arrest process is an unconditional release an option?
Anytime before an information is sworn to
27
Once a person is brought into custody, which the following must be considered before release for 553 indictable, dual procedure, or summary conviction offences? PRICE or PRICES
PRICES
28
True or False For the purposes of the Criminal Code anything can be a weapon.
false (must be intended to be used as a weapon)
29
There is a test pertaining to expectation of privacy. This test has 7 parts. This is the:
Edwards test
30
When dealing with expectation of privacy the court can find that a citizen's expectation of privacy can be diminished if they do not own the property being searched. Choose one A) True B) False
true
31
One thing that is taken into consideration when dealing with expectation of search is whether the accused was present at the time of the search. Is whether the person had "historical use of the property" a consideration also if we use the 7-part test?
yes it is
32
What search authority allows you to search a person at the time of arrest for items pertaining to escape, weapons, and evidence?
common law
33
A search is reasonable only if there is a warrant to authorize the search. This is the only time you can search. Choose one A) True B) False
FALSE
34
What does R v Collins tell us about search?
Authorized by Law, law must be reasonable, and the manner its carried out was reasonable
35
True or False For the charge of Sexual Interference S. 151 CC it must be done with a sexual purpose.
true
36
Joint Possession is a term used when more than one person is in possession of a single piece of property or object. There are three other concerns needed to prove possession, which are:
knowledge, consent, and control
37
True or False A person can be charged with Break and Enter even if they don't break something to enter. Further, if they collude to have someone let them into the premise, they have committed Break and Enter.
true
38
Which one of these offences does not have to be committed for a sexual purpose? 1. sexual exploitation 2. indecent act 3. sexual interference 4. indecent exposure to a person under 16yrs
indecent act
39
True or False Indecent exposure to a person under 16-years of age must occur in a public place for there to be an offence
false, can occur in a public place, or in any place
40
Consent is a defence to sexual activity with a 14 or 15-year old under what conditions?
There is consent, there is less than 5-years age difference and accused not in a position of trust or authority, not a relationship of dependency and not exploitative
41
Consent is a defence to sexual activity with a 12 or 13-year old under what conditions?
There is consent, there is less than 2-years age difference and accused not in a position of trust or authority, not in a relationship of dependency and not exploitative
42
What is the definition of a young person for the offence of sexual exploitation s. 153 CC?
16yrs to under 18yrs
43
True or false An eleven-year-old and a thirteen-year-old are 'caught' engaging in sexual activity. This is not an offence as there is less than two years age difference between them.
false, 11yr old cannot consent 12+ can but only under certain circumstances
44
True or False The initial response a victim receives has serious implications on the victim's long-term outcome and the investigation
true
45
True or False It is important when interviewing a victim of a sexual assault to not press for sequential memory accounts or details that the person cannot provide
true
46
What are the 4 elements of criminal harassment?
1. repeatedly follow 2. repeatedly communicate with 3. besetting or watching 4. engaging in threatening conduct
47
What are the 3 elements of a firearm?
1. barrelled weapon 2. shot, bullet, or projectile can be discharged 3. capable of causing serious bodily harm or death
48
how must you transport a non restricted firearm?
1. unloaded 2. lock on it 3. in a locked, secure container
49
What are you allowed to search for incident to arrest?
weapons, means of escape, evidence
50
When seizing a cell phone, the owner gives up their expectation of privacy when they don't have....?
a passcode
51
When searching a residence incident to arrest, you may also search the surrounding area of the arrest to what? (within the persons physical control)
-guarantee safety -prevent escape -provide evidence
52
for searching a motor vehicle incident to arrest, you must establish/articulate what?
connection between the reason for the arrest and the search of the MV
53
What is plain view doctrine?
power to seize but not search (limited to visible items)
54
What are your exigent circumstances to enter a dwelling house?
-RG to suspect imminent bodily harm/death -RG to believe imminent loss or destruction of evidence
55
What are your exigent circumstances to enter a dwelling house w/o warrant? (to arrest or apprehend)
-RG -person present in dwelling -not practical to wait for warrant
56
What is a Feeney warrant?
authorizes the entering of a dwelling to make an arrest
57
In terms of a dwelling, when a person opens the door can you arrest them? Why or why not?
no you can't b/c they are still within the confines of their dwelling
58
When does implied licence end?
@ the door of the dwelling on the property
59
What are the 3 elements that prove a sexual assault occurred?
1. voluntary touching (objective) 2. sexual nature of touching (objective) 3. absent consent (subjective)
60
Level 1 sexual assault
-grabbing -groping -touching -penetration
61
Level 2 sexual assault
-carries, uses or threatens to use a weapon or imitation -bodily harm -threatens bodily harm to 3rd party -chokes, suffocates, or strangles -party to the offence
62
Level 3, aggravated sexual assault
-wounds, maims, disfigures, endangers life
63
no consent is obtained when?
-application of force -threats or causing fear -fraud -exercise of authority
64
Sexual interference?
-sexual purpose -touches directly/indirectly -with a part of the body or an object, any part of the body of a person under 16yrs
65
invitation to sexual touching
-sexual purpose -invites, counsels, or incites person under 16yrs to touch directly/indirectly with a part of the body or an object the body of any person
66
What offence can 12-13yrs not be tried for?
sexual interference, or invitation to sexual touching
67
What is the exemption for a 12-13yr old to be tried for sexual interference, or invitation to sexual touching?
position of trust, dependancy, exploitative
68
What is sexual exploitation?
every person who for a sexual purpose touches or invites a person 16yrs-under 18yrs to touch directly/indirectly with a part of the body or an object any part of the body and offender must be in one of the defined relationships
69
In terms of consent, if the complainant is under 16yrs there is no defence for?
that the complainant consented
70
consent is a defence for sexual activity with a 14 or 15yr old when?
-consent -less than 5 year age gap -not in a position of authority, dependancy, or exploitative
71
consent is a defence for a sexual activity with a 12 or 13yr old when?
-less than 2 year age gap -no in a position of authority, dependency, exploitative -consent
72
What is an indecent act?
-wilfully commits in a public place or any place with 1 or more people and the intent to insult or offend
73
What is indecent exposure?
everyone who for a sexual purpose exposes his/her genitals to a person under 16yrs
74
What is the definition of luring?
by means of telecommunication, communicates with a person they know/believe to be under 18, 16, or 14yrs
75
To have a defence against presumption regarding age, what does the accused have had to do?
accused needs to take all reasonable steps to ascertain the age of the person
76
Everyone commits theft who?
-fraudulently and w/o colour of right takes/converts to his use or use of another person, anything animate or inanimate with intent to deprive the owner of it
77
what is colour of right?
honest belief in a set of facts or circumstances that if they actually exist, constitute legal justification or excuse
78
Taking a motor vehicle (or vessel) w/o consent?
-w/o consent of owner -intent to drive/use/navigate/operate or is an occupant and knows it was taken w/o consent
79
Exception to a person taking motor vehicle/vessel w/o consent
occupant didn't know it was taken w/o consent, and attempts to leave or does leave when they do become aware
80
What is fraud?
defrauding the public or any person of any property, money, or valuable security or any service
81
Explain in plain terms what a robbery is? ____ +______= _______
theft+violence=robbery
82
Define break and enter
breaks and enters a place and commits or has intent to commit an indictable offence or breaks out of a place after
83
definition of place?
dwelling house, building, or structure, railway vehicle, vessel, aircraft, trailer, pen, or enclosure for animals
84
define unlawfully in a dwelling house
every person who w/o lawful excuse enters or is in a dwelling house with intent to commit an indictable offence
85
reasonable inference
reasonable person would draw an inference what the instrument is to be used for
86
What 3 things can't someone break into b/c they aren't defined as places
car, vault, safe
87
What are the 3 key elements of possession?
knowledge, consent, control
88
What are the 3 types of possession?
actual, joint, constructive
89
What are the 4 elements of break and enter
Intent Enter Place Break
90
actual possession
person has the subject matter in their personal possession
91
joint possession
-actual possession is in one person and attributed to another person -In joint possession cases, the accused must have knowledge and some measure of control over the item. -In order to constitute joint possession, there must be knowledge, consent, and a measure of control on the part of the person deemed to be in possession.
92
constructive possession
- 2 or more persons -Constructive possession is established when an accused doesn’t have physical custody of the thing but has it in any place for their own or another's use or benefit -must show accused has knowledge, consent, control
93
In plain terms. explain what obstructing a police officer is?
-resist or willfully obstructs -omits w/o reason to assist PO -resists or wilfully obstructs any person in lawful execution of a process
94
What is personation?
someone who falsely represents themselves to be a PO or uses a badge/uniform/equipment that will likely cause people to believe they're a PO

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