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Law 12 > Final > Flashcards

Final Flashcards

1
Q

What type of law has the main purpose of protecting society?

A

Public Law

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2
Q

In private law, what is the person called who initiates the lawsuit?

A

Plaintiff

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3
Q

What is the name of the document that outlines criminal law for youth?

A

Youth Criminal Justice Act

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4
Q

What are the laws called which Parliament passes?

A

Statue Laws

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5
Q

What is stated in the Universal Declaration of Human Rights?

A

All humans are born free and equal in dignity and rights

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6
Q

What responsibilities does Section 92 of the Constitution Act, 1867, outline?

A

The responsibilities of the Provincial Government and its powers

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7
Q

What responsibilities does Section 91 of the Constitution Act, 1867, outline?

A

The responsibilities of the Federal Government and its powers

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8
Q

What are the three branches of the Canadian Government?

A

Judicial, executive, legislative

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9
Q

What are the laws called with the Municipal government?

A

Bylaws

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10
Q

When is a restriction on individual rights under the Charter allowed

A

Imprisonment, detainment, or if it benefits society

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11
Q

Gow many years can legislation using the Notwithstanding Clause stay in place?

A

It must be reviewed every 5 years

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12
Q

What is the first question asked when analyzing a potential Charter case?

A

Does the Charter apply?

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13
Q

Which section of the Charter outlines protection from discrimination?

A

Equality Rights

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14
Q

What is it called when the court orders a term to be added to a law that violates a charter right?

A

Read in

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15
Q

What can a person seek if they believe their charter rights have been violated?

A

A remedy

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16
Q

What is it called when a judge puts their personal views into their judgment?

A

Judicial Activism

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17
Q

What has been recently added to the categories of discrimination in the Charter?

A

citizenship, marital status, sexual orientation

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18
Q

What is the maximum penalty for an indictable offense

A

Life imprisonment

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19
Q

What type of offence can the Crown prosecutor decide how to proceed?

A

Hybrid offences

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20
Q

What is the term used to refer to the accused’s state of mind?

A

Mens rea

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21
Q

What is attempt

A

an effort or a try with intent to commit an offense

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22
Q

What must be proven before the accessed can be convicted of aiding?

A

They know what happened

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23
Q

Define organized crime

A

a group of 3 or more individuals who share a common identity

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24
Q

Which level of government can make criminal laws?

A

Federal government

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25
What court hears legal disputes involving the federal government?
Federal Courts
26
What court hears appeals from provincial appeal court
Provincial superior court
27
What must occur during a lawful arrest?
1. The police officer must identify themselves 2. Tell the accused that they're under arrest 3. Tell them that they have a right to a lawyer, right to remain silent 4. Physically touch the accused to signal arrest
28
What is a summons?
An order to appear in criminal court. A summons must be based on reasonable grounds.
29
What are the rules governing extensive body searches?
The officer must be the same sex as the accused
30
What rights does a person have when they are charged with a crime?
RIght to remain silent, right to consult,
31
What documents outlines the legal rights of citizens who are arrested or detained?
Section 7-11 of the Charter of Rights
32
For an officer to get a search warrant, what must they outline to the court?
Must swear before a justice of peace/judge that an offence has been committed & have reasonable grounds.
33
What must a search warrant contain?
The order must authorize an officer to enter a specific place to obtain specific evidence
34
If an accused person needs to meet with a lawyer immediately, what will happen?
The request is honoured then duty counsel will assist the accused
35
What legal service is paid by taxpayers?
Legal aid (available to those who are unable to afford a lawyer)
36
What can the defence do during a preliminary hearing?
Cross-examine the crown witnesses
37
What are the requirements to serve as a juror?
Canadian citizen; 18 years old; live in the province for at least 1 year, speak english or french, be mentally fit
38
Who is allowed to accept or reject jurors?
Crown attorney & Defence consel
39
What types of challenges can eliminate potential jurors?
Not being canadian; occupation, mental/physical disability, not knowing english or french
40
What charge can be laid against a person who knowingly lies in court?
Charged of perjury
41
What is the purpose of a voir dire?
A mini-trial held within an actual trial to decide if evidence is admissible
42
What statement clears a defendant of guilt?
Exculpatory (opposite of inculpatory: demonstrates guilt)
43
What is another name for a closing statement?
Summation
44
What is the term for when someone is blamed for killing someone else?
Culpable homicide
45
What are the different classes of murder in our criminal code?
First & Second degree murder
46
How many levels of assault are there?
three
47
When can consent be used as a defence to sexual assault of someone under 16 years old?
If the person is less than 2 years older
48
What is the maximum prison sentence for abducting a child?
10 years
49
What are examples of property crime?
Fraud, arson, possession of stolen goods, break & enter, various types of theft
50
define arson
intentionally or recklessly causing damage to property by fire or explosion
51
What is identity theft?
Using someone's personal information without their consent to commit crimes like fraud theft
52
What requirements are placed upon firearm owners and users
they must have a valid firearms license "possession & acquitision license
53
What is contained in the anti-terrorism act
outlines terrorist offences, gives new powers for the police to arrest a suspected terrorist without a charge. Those with information must appear in court
54
What does a strong alibi include?
1. Statement indicating the accused's location at the time of the crime 2. Explanation of the accused's whereabouts 3. Name of any witnesses
55
What is automatism
A state of impaired consciousness during which an individual has no control over their actions
56
What is necessity
A defence used as an excuse for a criminal act as it was committed due to immediate circumstances
57
What is mistake of fact
A defence whereby a person didn't have the necessary mens rea to commit a crime
58
What is double jeopardy
To be tried twice for the same offence
59
What is provocation?
Committing a crime in the heat of passion
60
What is not a valid legal defence
Ignorance of the law
61
What defence should be presented as soon as possible to the authorities
alibis
62
What does the judge consider before imposing a sentence
the presentence report
63
How is it determined if someone is a long-term offender
repeatedly behave in ways that could harm others and they're likely to reoffend
64
What year was capital punishment abolished in canada?
1976
65
What is a conditional discharge?
A release with terms that if completed will result in no criminal record
66
What are mitigating circumstances
factors that demonstrate that the punishment should be less severe
67
What is a conditional discharge?
A release with terms that if completed will result in no criminal record
68
What happens if a conditional sentence is imposed
Offenders serve time in community. The sentence must be less than two years and the crime must not have a minimum sentence
69
Under the criminal code, what is the maximum fine for summary offences
2000
70
Under the criminal code, What is the maximum fine for an indictable offence
there is no limit
71
What is a consecutive sentence
2 or more sentences served one after the other
72
What happens in a releasing circle
A meeting to help offenders return to the community
73
Under what circumstances can the defence appeal a conviction?
If there is a legal mistake
74
What is open custody
Supervised detention with supervised visits to the community
75
Define statutory release
Release from an institution as required by law
76
What would happen to an adult who fails to supervise a youth charged with an offence
contempt of court
77
What court hears the cases of 12 to 15-year-olds
Youth court/Provincial court
78
What is the maximum sentence a young person can receive in youth court
10 years in prison
79
What are the main principles in sentencing under the YCJA
1. Hold offenders accountable 2. Considers victims needs 3. Impose appropriate sentences
80
What will a youth's pre-sentence report contain
Interviews, School records, intent
81
What are examples of open custody facilities for youth offenders
foster/group homes, childcare facilities, residential wilderness camps
82
What are common sentences in youth court
absolute discharge, conditional discharge
83
What is the main purpose of civil law
to regulate disputes between individuals and disputes between individuals and organizations
84
What is the highest dollar limit in small claims court
10 000
85
What is the person called who is being sued in a civil action
litigant
86
What is the maximum amount a minor can sue someone for
500
87
What types of claims are pursued in small claims court?
civil claims under 10 000
88
In civil court, how is a case proven
balance of probability
89
Define punitive damages
Compensation to punish the offender
90
What are nominal damages
moral victory for the plaintiff who didn't actually suffer damages
91
Who pays for mediation costs
Shared equally between parties
92
What occurs during arbitration
a neutral third party hears from both parties and helps make a decision
93
Is the number of married couples increasing or decreasing in Canada recently?
Decreasing
94
What is monogamy
the state of being married to only one person at a time
95
Define separation
A partial dissolution of a marriage in which spouses live apart with the intention to divorce
96
Define adultery
voluntary sexual intercourse with a married person who isn't the spouses
97
What is contained in a child access order
Which parent has visitation rights and what they can do
98
What is an annulment
a court order to set aside a marriage
99
What process is used to reconcile a marriage breakdown
family mediation
100
What do family mediators do?
Resolve issues that cause conflicts between spouses

Law 12 (1 decks)

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