Final Exam 12 Flashcards
(101 cards)
1
Q
Adversarial System
A
where evidence is presented by two opposing party to an impartial judge.
2
Q
Common Law
A
law that developed in english courts. relies on case law, and is common to all people.
3
Q
Habeus corpus
A
a court order to prevent unlawful assert.
4
Q
Stare decisis
A
latin phrase “to stand by the decision.”
5
Q
Precedent
A
applying a previous decision to a case that has similar circumstances.
6
Q
Motive
A
the reason a person commits a crime.
7
Q
General Intent
A
the desire to commit a wrongful act with no purpose.
8
Q
Specific Intent
A
the desire to commit one wrongful act for the sake of accomplishing another.
9
Q
Possession
A
the state of having knowledge of and control over something.
10
Q
Trafficking
A
involves selling, giving transporting, or distracting a controlled or an authorization for a controlled substance.
11
Q
Mischief
A
it’s committed by destroying property or data, or interfering with lawful use of property or data.
12
Q
Public Mischief
A
occurs when someone provided false information to the police and misleads them in their investigation.
13
Q
Colour of right
A
the honest belief that a person owns or has permission to use an item.
14
Q
Controlled Drug
A
any drug listed in schedules l to V of the Controlled Drug and Substance Act.
15
Q
Common Bawdy House
A
it’s a place where people bet among themselves and where the keeper of the house receives a portion of the winning bet.
16
Q
Notwithstanding House
A
the Canadian charter of rights and freedoms, which allows federal and provincial governments to pass legislation.
17
Q
Interveners
A
interrupts the chain of events started by the defendant.
18
Q
Reasonable limit
A
legally allows the government to limit an individual’s charter’s rights.
19
Q
Entrenched
A
to include or incorporate one thing into another. to protect and guarantee a right and freedom.
20
Q
Ultra vires
A
beyond the power of government to pass laws.
21
Q
Chain of custody
A
the witnessed, written record of the people who maintained unbroken control over an item of evidence.
22
Q
Perimeter
A
the areas surrounding the centre of a crime scene, where the offender may have been present or may have left evidence.
23
Q
Class Characteristics
A
the general attributes of an object.
24
Q
Indiv. Characteristics
A
the specific and unique features of an object.
25
Impressions
patterns or marks found on surfaces and caused by various objects.
26
Preliminary hearing
a judicial inquiry to determine whether there is evidence to put the accused person on trial.
27
Arraignment
the first stage of a criminal trial in which the defendant enters a plea to the charge.
28
Parole
release of an inmate, on a promise of a good behaviour, into the community before the full sentence is served.
29
Probation
a sentence that allows a person to live in the community under the supervision of a parole officer.
30
Discharge
a type of sentence imposed by a court where no punishment is imposed.
31
Summary offence
a less serious crime that carries a lighter penalty
32
Hybrid offence
also known as dual procedure; a crown may proceeds with an indictable or summary offence.
33
Indictable offence
a more serious crime that carries a heavier penalty.
34
Mens rea
“the guilty mind” the accused did something he or she knew to be wrong, with reckless disregard of the consequences.
35
Actus rea
“the guilty act” a physical act involved in committing the criminal offence.
36
Circumstantial evidence
indirect evidence that leads to a reasonable inference of the defendant’s guilt.
37
Hearsay evidence
evidence given by a witness based on information received from someone else rather than personal knowledge.
38
Direct evidence
testimony given by a witness to prove an alleged fact.
39
Detention
legally depriving a person of liberty of asking questions.
40
Arrect
seizing or touching the person to indicate that he or she is in custody.
41
Surely
a person who agrees to make a payment if the accused does not appear at trial.
42
Recognizance
a guarantee that the accused will appear in court when required, under penalty of a fine of up to $500.
43
Duress
The defence that the accused was forced by threat of violence to commit a criminal act against his or her will (criminal law).
in contract law, the use of unlawful threats or pressure to force someone to enter into a contract.
44
Alibi
a defence raised by the accused claiming that he or she was somewhere else when the offence was committed.
45
Intoxication
the condition of being overpowered by alcohol or drugs to the point of losing self control.
46
Perpetrator
the person who actually commits the crime.
47
Counselling
a crime that involves advising, recommending, or persuading another person to commit a criminal offence.
48
Conspiracy
an agreement between two or more people to carry out an illegal act.
49
Aiding
a criminal offence that involves helping a perpetrator to commit a crime.
50
Abetting
the crime of encouraging the perpetrator to commit an offence.
51
Appeal
an application to a higher court to review the decision made by a lower court.
52
Perjury
knowingly making false statements in court while giving evidence under oath or affirmation.
53
Subpoena
a court order requiring the witness to appear in court on a certain date to give evidence.
54
Voir dire
a mini-trial in which jurors are excluded while the admissibility of evidence is discussed.
55
Charge to the jury
the Judge’s explanation to the jurors of how the law applies to the case before them.
56
Litigants
the parties involved in a civil action.
57
Contributory negligence
negligent actions by the plaintiff that helped cause the plaintiff’s injuries.
58
Injunction
a court order requiring a prohibiting an action.
59
Lien
the right to hold of or dispose of another person’s property in payment for a debt.
60
Tort
harm cause to a person or property for which the law provides a civil remedy.
61
What is restitution?
punishment that requires the offender to pay the victim or society back for the harm or loss suffered.
62
Principles of the Rule of Law?
individuals must recognize and accept the law.
law applies equally to everyone
no has the authority to take away rights
63
Features of Common Law?
also known as “case law” because it is derived from the decisions made by previous judges.
constantly evolving
64
What is Habeus Corpus?
latin for “you must have the body”
requires the authority making the arrest and bring the detained person before a judge to determine the validity of the arrest.
65
What is Canada’s highest court?
the supreme court and the chart.
66
What are reasonable limits to the Charter of Rights and Freedoms?
guaranteeing individual rights and freedoms
the rights of aboriginal people
a principle of equalization
67
Freedom of expression limitations?
hate, racism, obscenity
no promotion of violence
no child pornography
no hatred towards other groups
cannot write out or speak harming words
68
Freedom of religion limitations?
the court has found that while parents are free to engage in religion practices, these activities may be curtailed when they interfere with the “Best interest of the child”
69
Freedom of assembly limitations?
young offenders may be ordered as part of a probation order not to associate with some of their friends.
70
Mobility rights, what is allowed?
has the right to move in and out of the country and between provinces.
the right to enter, remain in and leave Canada.
71
Legal rights, what are your rights?
life, liberty and security of the person
arbitrary detention
rights when arrested and when charged
cruel and usual treatment
rights of witnesses
72
What two elements must be present for an act to be considered a crime?
actus reas
mens rea
73
What do you call the person who commits a crime?
perpetrator
74
aiding
abetting
counselling
aiding: helping a perpetrator
abetting: encouraging the perpetrator
counselling: advising, recommending or persuading another person
75
What is automatism?
a condition in which a person acts without being aware of what he or she is doing.
76
What circumstances = first degree murder?
it is planned and deliberate
one person hires another commit murder
the victim is a police officer, a prison employee, or a person employed
77
What are the basic elements of robbery?
theft involving violence or the threat of violence
78
What are the basic elements of breaking and entering?
breaking into the place
having the intent to commit an indictable offence once inside
79
Why does a judge issue a summons?
police may ask the judge to issue a summons when a person is suspected of committing a serious indictable offence.
80
Why do police issue an appearance notice?
for most summary and indictable offences that are less serious, the police will not arrest but will issue an appearance notice.
81
When can police make an arrest without a warrant?
reasonable ground to suspect a person has either committed or about to commit an indictable offence.
find a person who is named on an arrest warrant.
82
When can police search without a warrant?
the arrest must be lawful
the search must be connected to the lawful arrest
must be reasonable
83
Duties of the court clerk, foreperson of the jury, judge?
court clerk: the court official who assists the judge
foreperson of the jury: a member who is chosen by other members to act as a spokesperson for the jury
judge: makes decisions on the admissibility of evidence, controls the events and interprets the law pertaining to the case
84
What is the purpose of preliminary hearing?
to determine whether there is sufficient evidence to put the accused on trial by a higher court
serves as a screening process and protects the accused person from unnecessary trial
85
What is a voir dire?
a mini trial
the jurors are asked to wait in the jury room
judge, the crown and the defence discuss the issue
86
What is cross-examination?
to test the accuracy of the evidence
demonstrate to the jury that there are contradictions in the witness’s testimony
87
Why is someone suffering from a mental disorder not criminally responsible for their actions?
because he or she is unable to form the mens rea of the offence.
88
What is the objective of punishing an offender?
protection of the public, retribution, rehabilitation, restitution and denunciation.
89
What does a judge take into account when considering sentencing?
offender: background, behaviors
victims: what happened
society: what will happen if offender will be release
90
What is the most lenient sentence?
Absolute discharge
91
What is parole?
parole is the inmate’s condition release into the community before full sentence is served.
92
Concurrent vs Consecutive sentencing - What is the difference?
concurrent sentence: served at the same time which means that two sentence of four years would result in a four year prison
consecutive sentence: served one after another which means two sentence of four years would result in an eight year prison
93
What is mandatory supervision?
the final period of a criminal sentence when an inmate is released from prison to serve the remainder of the sentence under supervision.
94
Describe a minimum security institution?
no externals physical barriers
unarmed correctional officers
more employment and educational opportunities
95
What remedies are available in a civil suit?
breach of contract
the court may try to return the parties to the same position they were in before the contract was breached
the court may try to give the hurt party what it bargained for
96
Describe garnishment?
a court order requiring a third party (such as the defendant’s employee) to pay the plaintiff money owed to the defendant.
97
What defence is there for negligence?
contributory negligence
act of god
voluntary assumption
98
What defence is there for libel?
Truth(Justification)
Absolute privilege
Qualified privilege
Fair comment
99
What is medical battery?
improper explanation of a procedure, performing the wrong procedure, consent obtained through fraud.
100
What is trespass to chattels?
intentional interference with someone’s “chattels”- personal property.
101
When can insanity be used as a defence?
when the defendant admits the actions but asserts a lack of culpability based on mental illness.
