Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

OPC > Law > Flashcards

Law Flashcards

(64 cards)

Start Studying
1
Q

What is Law?

A

Rules of conduct that protect everyone’s rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Legal system comes from 3 types of law…

A

Common Law - Early or traditional law
Statute Law - Laws enacted by government
Case Law - Laws based on previous court decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Constitution of Canada is the…

A

Supreme Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Procedural Law is an instruction manual for…

A

The Police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Substantive Law is an instructional manual for…

A

The Citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The Ontario Court of Justice hears criminal and provincial prosecutions?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are 3 classifications of offences?

A
  1. Summary Conviction
  2. Dual (Hybrid)
  3. Indictable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A criminal INFORMATION is…

A

A sworn document that initiates a charge against a person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who may lay criminal information under oath before a justice or judge if they have reasonable grounds to believe an indictable offence has been committed?

A

Anyone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Acronym needed for facts in issue?

A

T.I.P.P.
T- Time and Date
I- Identity
P- Place
P- Plus elements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does AND mean?

A

In addition to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does OR mean?

A

One -or- the other

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does May mean?

A

Permits discretion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does SHALL mean?

A

Imperative; a duty to perform “must”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does SHALL NOT mean?

A

Duty to not perform “must not”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does FORTHWITH mean?

A

Immediately

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does CONVEYANCE mean?

A

A motor vehicle, vessel, aircraft or railway equipment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

An aggravated assault is what classification of offence?

A

Indictable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

There are _____ parts of the criminal code?

A

28

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does R.C.A. stand for?

A

R- Recognize
C- Classify
A- Authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a Subpoena?

A

A form served on the witness to ensure court attendance and to direct the witness to bring any needed records or documents.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the definition of FINDS COMMITTING?

A

Seeing the person actually committing the offence (caught in the act); OR seeing the person actually commit an offence and pursuing that person immediately and continuously until that person is arrested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

A criminal offence is a violation of any…

A

Federal Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When is a pilot deemed to be a peace officer?

A

When in flight.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Psychological detention is a suspension of someone’s?
Liberty
26
Justified means…
Protected from Criminal or Civil Liability.
27
If a person feels they have no choice but to comply this is known as?
Psychological Detention
28
What does Act in Good Faith mean?
An honest intention and free from any knowledge of irregularity.
29
What are 3 ways we can be led to REASONABLE GROUNDS?
-Confession -Credible Witness -Circumstantial
30
Categories of Law?
Procedural- police instruction manual Substantive- citizens instruction manual
31
Levels of court…
Supreme Court of Canada Supreme Court of Ontario Superior Court of Justice (Criminal/Red Book) Ontario Court of Justice (Criminal/Red Book) Provincial Offences Court
32
What is a warrant?
Legal document issued by court that commands a Peace Officer to arrest person and bring them to court.
33
Why you should arrest?
PIC P- Prevent continuation of offence I- Investigate C- Court (ensure they attend)
34
No jury offences?
553 C.C.
35
S.494 (1) Arrest Without Warrant
Any one may without warrant, *a person whom he finds committing an indictable offence; *a person who ho, on reasonable grounds, who believes i) has committed a criminal offence; AND ii) is escaping and freshly pursued by persons who have lawful authority to arrest the person
36
S. 494 (2) C.C. Arrest by Owner, etc., of Property -Owner -Person in lawful possession -Person authorized by the owner -Person in lawful possession of property
May arrest a person without a warrant if they FIND COMMITTING a CRIMINAL OFFENCE on or in relation to that property; AND a) make the arrest at the time b) make the arrest within reasonable time after the offence is committed and they believe on reasonable grounds that it’s not feasible in the circumstance for peace officer to make an arrest
37
S. 494 (3) C.C. Delivery to Peace Officer
Anyone other than a peace officer who arrest a person without warrant shall forthwith deliver the person to a peace officer
38
S.495 (1) C.C. Arrest Without Warrant by Peace Officer
A peace officer may arrest without warrant: A person who has committed (present) an indictable offence OR who, on reasonable grounds he believes has committed (past) or is about to commit (future) an indictable offence A person whom he finds committing a criminal offence; OR A person in respect of whom he believes has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in part XXVIII in relation there to, is in force within the territorial jurisdiction in which the person is found
39
Steps to ARREST
1. Identify yourself as a Police Officer 2. Tell the person he is under arrest 3. Tell the person the reason for the arrest 4. Take physical control 5. Inform him of Rights to Counsel 6. Ensure he understands his rights Read Caution, and Secondary Caution if applicable
40
4 P’s of Limitations
Protection of Public Protection of Accused Protection of Property Prevent Breach of Peace
41
A peace officer SHALL NOT arrest a person without warrant for:
S.495 (2) C.C. -553 indictable offences -Dual procedure offences -Summary Conviction -on REASONABLE GROUNDS that P.R.I.C.E. is satisfied
42
What is P.R.I.C.E.S.? (Release)
P- Public Interest (4 P’s) R- Repetition or continuation of the offence I- identity of the accused C- Court (ensure attendance) E- Evidence S- Safety and Security of the victim
43
Where a peace officer DOES NOT ARREST, he may issue an appearance notice for…
*553 indictable *Dual Procedures *Summary Conviction S.496 C.C. Issue of Appearance Notice by Peace Officer
44
The duty of everyone who arrest a person, with or without warrant, to give notice when;
S.29(2) C.C. Notice Upon Arrest -the process or warrant under the arrest is made; or -the reason for the arrest DUTY UPON ARREST
45
What does S.10 of Charter of rights state? DUTY UPON ARREST
Everyone has right on arrest or detention to -be informed promptly of the reason -right to counsel without delay -have validity of detention determined by court (habeas corpus) and be released if unlawful (bail hearing)
46
What is public law?
Criminal Law-crimes and punishment Constitutional Law-relationship between branches/levels of government; limits government; protects rights and freedoms Administrative Law-actions/ operations of government
47
What is private law?
Sets rules between individuals.
48
What does the Charter of Rights Protect?
Fundamental Freedoms Democratic rights Mobility rights Legal rights Equality right Language, rights affirms: Aboriginal, and treaty rights
49
Section 7 of Rights and Freedoms?
Life, Liberty, Security of Person
50
Section 8 of Rights and Freedoms?
Search and seizure
51
Section 9 of Rights and Freedoms?
Detention and imprisonment
52
Section 10 of Rights and Freedoms?
Arrest or detention
53
What is a summary conviction?
-minor offence -Less complex court -Ontario court of Justice -charge initiated within one year -fine of 5000 or less two years less a day or both
54
What is dual (hybrid) procedure?
-criminal offence may be tried by summary conviction or indictment -Crown chooses or elects -Indictable until crown elects to proceed by summary conviction
55
What is Indictable?
-serious criminal offence, Max sentence, increased fines -complex court proceedings -14 years or more imprisonment -preliminary inquiry (evidence) -No time limit for prosecution to commence
56
a) person to whom a peace officer has issued an appearance notice under section 497 and, b) person arrested for a criminal offence
Accused
57
Belief (to believe) must be met before certain powers can be employed (use of force, arrest, search)
Reasonable grounds (suspicion is not enough)
58
Subjectively have reasonable grounds on which to base the arrest in addition be justifiable from an objective point of view
Subjective justification
59
Fax, causing a reasonable person to believe suspect has committed the offence
Objective justification
60
Is used to assist in proving the voluntariness of a statement to comply with the judges rule
Primary caution
61
Is used to remove any minor inducements from other officers that have spoken to the accused
Secondary caution
62
Arrest
Physical control with intent to detain
63
Need one to arrest: acronym
P public interest R repetition I identity C court (fail to attend) E evidence
64
Offence Notice (Provincial) Part 1
Set Fine Max fine $1,000 (before surcharges) 7 days to file in court 30 days to serve after offence date No imprisonment Can’t use for 12-15 years

OPC (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions