Law exam Flashcards

Question

Napoleonic Code, Greek Law & Mosaic Law-quick points about them and how have they impacted our current Cdn justice system?

Answer 1

Mosaic Law - Biblical or Hebrew law found in the Book of Exodus, includes the ten commandments More concerned with punishing deliberate action rather than an accidental act of harm, more likely to punish the guilty party than allow a person of higher status to put the blame on a person of lower status. Care for the poor was a concern in this type of law also respect for parents. Greek Law - only a small number of people have rights, it was very important to be involved in politics. Jury system started here and usually limited to 101, 501, 1001 members Women who were on trial were not allowed to speak for themself, citizens had to speak for them. If a person was accused both the accused and the accuser would suggest a sentence, then jury would vote on the most appropriate sentence. Napoleonic Code - the civil law of france completed in 1804 (also called the french civil code), commissioned by Napoleon Bonaparte, then spread throughout much of europe. Represented a compromise between the Germanic law and the Justinian code Was not technical and made the law easily accessible to the public, regulated civil matters such as property, wills, contracts, and family law

Answer 2

Culpable is any type of murder or manslaughter, is an offence Non-culpable is not an offence and includes justifiable uses of force by police or self defence by a civilian. A killing for which a person cannot be held legally responsible, such as one that results from an unforeseeable accident.

Answer 3

A pardon is when a person’s criminal record is set aside, does not erase it, some countries do not recognize the pardon Must demonstrate that they are law abiding to be eligible Can be revoked if you commit another crime You have to pay $631 as set by the conservative government in 2012

Answer 4

Main goal is rehabilitation and meaningful sentencing, many youth receive extrajudicial sentences which are participating in community-based programs instead of going to court, the goal is to have the youth take responsibility for their actions, police officer can direct the youth to this. Aimed at helping the youth successfully reintegrate into society, and become a productive member of the community

Answer 5

Crown opening statement, crown brings forth evidence or witnesses with defence cross examining between each, defence opening statement, defence presentation of evidence and witnesses with corn cross examining between each, defence closing statement, crown closing statement, judge or jury deliberation

Answer 6

Crown must prove that the safety or lives of others were endangered because the driver failed to exersize the same care a prudent driver would have exercised under the same conditions. Is a hybrid offence punishable by a term of up to 5 years.

Answer 7

Federal Police Force Customs and excise, drug enforcement, economic crime, federal policing, immigration, proceeds of crime, criminal intelligence, international liason and protective services Provincial Police Helping municipal police, providing traffic control on major highways, provide investigative services to coroner’s offices and provincial ministries Municipal Police There responsibilities include protecting the peace, crime prevention, arresing criminals, execuing warrants, laying charges, enforcing municipal bylaws, etc.

Answer 8

The highest court of canada; also deals with constitutional questions referred to it by the federal government Chief justice and eight justices, all appointed by the federal government Is in ottawa and court is held three times a year, cases are heard by a panel of 5, 7, or 9. Is an APPEALS court

Answer 9

Criminal cases are between the crown and an individual or party Civil cases are between two individuals or parties

Answer 10

Is initiated by one or more individuals on behalf of a group filing a lawsuit, class action lawsuit Then a writ of summons goes to the defendant to inform them of the charges

Answer 11

Examination of a Judgment debtor - person gets questioned under oath about their assets Garnishment - a percent of the defendants wages go towards paying back what they owe, it goes to the court until it has been payed back Execution / Seizure - (last resort) assests can be seized and then sold to sette the judgement

Answer 12

Civil / private law Tort - holds people or corporations responsible for damages they cause another person Contract law - provides rules regarding agreements between people and businesses, regulates the enforcement of contracts Family - deals with different aspects of family law Wills and estate - concerned with the division and distribution of property after death Property - governs ownership rights in property. Not just land but ideas and copyrights items like jewellry and clothing. Employment / labour - relationship between employer and employee. Unions PUBLIC LAW Constitutional - comes from the constitution, most powerful laws. Legal rights and responsibilities of government Administrative - between citizens and government agencies. Administrative tribunal. Criminal - identifies and prescribes punishment. Represented by the crown. Punish offenders that hurt society.

Answer 13

12-17, 18+ is adult , at 14 can be charged in adult court

Answer 14

Intent - a person ment to do something wrong and had a disregard for the consequences Knowledge - Crown shows that the accused had knowledge of the crime and knew what they were doing was wrong Criminal negligence - shows reckless disregard for the safety and lives of other people Recklessness - a person who consciously takes and unjustafiable risk that a reasonable person would not Wilful blindness - Involves deliberately closing your mind to the possible consequences of your actions

Answer 15

Arrest - legally depriving someone of liberty by seizing or touching the person to indicate that they are in custody Search warrant - a court document that gives the police the right to search a specific location

Answer 16

The theft of personal property through violence or threat of violence The maximum sentence is life in prision

Answer 17

Assault - threatened or actual physical contact without consent; offensive conduct that causes resonable apprehension of imminent harm in the mind of the intended victim Level one Is a hybrid offense and has a maximum penalty of 5 yrs Could be pushing someone or threatening someone with violence that is followed up Level two Assault with a weapon or causing bodily harm Injuring a person in a way that has serious consequences for the victim’s health or comfort. It may also involve carrying, using, or threatening to use a weapon. Is a hybrid offence, maximum penalty of 10 yrs Level three (most violent) Aggravated assult Wounding, maiming, disfuguring, or endangering the life of the victim Is an indictable offence, maximum penalty of 14 yrs

Answer 18

Provocation - words or actions that could cause a reasonable person to behave irrationally or lose self-control If the offender/accused can show that the victim provoked the incident, the victim did something so insulting or outrageous that is caused the accused to lose self-control. - can only be used for reducing the charge of murder to manslaughter. - the 4 criteria are 1. Wrongful act or insult occurred 2.Act or issult was sufficient to derive an ordinary person to lose self control 3.Person respond suddenly 4.Person respond before there was time for emotions to cool

Answer 19

Summary A crime that is considered less serious and carries a lighter penalty Generally is convicted the person pays a fine of up to $2000 and/or imprisoned for up to 6 months Usually delt with quickly and simply Indictable More serious than a summary conviction and carries a heavier penalty Max penalty is between 2 yrs to life imprisonment If max penalty is under 5 yrs trial will be held at provincial or superior court before a judge. If max penalty is more that 5 yrs the accused can choose between just a judge or judge and jury. Hybrid An offence that the brown can try either as a summary or indictable offence They are always treated as indictable until charges are laid, at that point the crown decides how to treat it Usually depends on the circumstance such as if they have prior convictions, a stable job, good support system, etc, and how severe it was

Answer 20

1. Individuals must recognize and accept that the law is necessary to regulate society 2. The law applies equally to everyone, including people in power, such as heads of state, police officers, judges, and politicians 3. No one has the authority to exercise unrestricted power to take away our rights accept in accordance with the laws

Answer 21

Still are killing someone, can also be very difficult to prove Can be classified as counselling as well Has a maximum sentence of 14 yrs

Answer 22

The condition of being overpowered by alcohol or drugs to the point of losing self-control May be used to crimes of specific intent but not general intent General - commits wrongful act for its own sake, with no ulterior motive Specific - commits one wrongful act for the sake of accomplishing another If the person lacks the mental capacity to due intoxication to commit specific intent, then the mental element cannot be proven; accused cannot be found guilty

Answer 23

the most common substance is blood

Answer 24

Mitigating factors - factors that lessen a sentence Aggravating factors - factors that increase a sentence

Answer 25

Is people who committed the same crime should recieve similar sentences unless the jury can well explain why there is a bigger difference

Law exam Flashcards

(49 cards)