Law Final: Multiple Choice

Question 1

What is restitution?

Answer 1

Restitution requires the payment from the offender to the victim or society for the loss suffered from the crime committed

Question 2

What are the principles of the Rule of Law?

Answer 2

Law is necessary to regulate society, law applies equally to everyone, and people aren’t governed by Arbitrary power

Question 3

Describe the features of Common Law?

Answer 3

Developed in English courts; relies on case law; common to all people

Question 4

What is Habeus corpus?

Answer 4

A court order designed to prevent unlawful arrest by ensuring anyone detained is charged before a court in a reasonable amount of time

Question 5

What is Canada’s highest court?

Answer 5

The Supreme Court of Canada

Question 6

What are reasonable limits to the Charter of Rights and Freedoms?

Answer 6

1. The reason must be important enough to justify overriding a constitutional right
2. The right must be as limited as possible
3. There must be a rational connection between the limitation of rights and the objective of legislation
4. The more severe the Rights are limited, the greater the objective must be

Question 7

What are some limitations to the Freedom of Expression?

Answer 7

May be limited by laws against hate propaganda and child pornography

Question 8

What are some limitations to the Freedom of Religion?

Answer 8

Freedom to Manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others

Question 9

What are some limitations to the Freedom of Assembly?

Answer 9

It may limit riots and gatherings that seriously disturb the peace or physically impedes or blocks lawful activities

Question 10

What are allowed with Mobility Rights?

Answer 10

You are allowed to travel from province to province and move in and out of the country and to pursue the gaining of livelihood in any province

Question 11

What are your legal rights?

Answer 11

Everyone has the right to life, liberty, and security of the person

Question 12

What two elements must be present for an act to be considered a crime?

Answer 12

Mens rea and Actus reus

Question 13

What do you call a person who commits a crime?

Answer 13

The perpetrator or the offender

Question 14

What is automatism?

Answer 14

A condition in which a person acts without being aware of what they’re doing

Question 15

When can Insanity be used as a defence?

Answer 15

If it is proven by the defence that the accused suffered from a mental disorder during the time of the crime, meaning there is no Mens rea

Question 16

What circumstances = First degree murder?

Answer 16

1. If the murder is planned and deliberate
2. Hiring someone else to do it
3. The victim is a police officer
4. The murder is caused while committing another crime

Question 17

What are the basic elements of a robbery?

Answer 17

Theft with violence or the threat of violence

Question 18

What are the basic elements of breaking and entering?

Answer 18

Trespassing with the intent to commit an indictable offence

Question 19

Why does a judge issue a summons?

Answer 19

A summons is given to someone charged with a crime, requiring them to appear in court at a specific day and time

Question 20

Why do police issue an appearance notice?

Answer 20

Given to people who are required to testify in court

Question 21

When can police make an arrest without a warrant?

Answer 21

When they see you committing a crime, or have reasonable grounds to believe you are about to or just committed a crime

Question 22

When can police search without a warrant?

Answer 22

If they have reasonable grounds to believe you are carrying a concealed or prohibited weapon, or they believe you are carrying illegal drugs or alcohol that will be used in an illegal manner

Question 23

Describe duties of a court clerk

Answer 23

Provide administrative support to all levels of the court

Question 24

What is cross-examination?

Answer 24

The second questioning of a witness to test the accuracy of the testimony, performed by the opposing counsel

Question 25

Why is someone suffering from a mental disorder not criminally responsible for their actions?

Answer 25

They are unable to form Mens rea

Question 26

What is the objective of punishing an offender?

Answer 26

To deter the offender, or others from committing future crimes

Question 27

What does a Judge take into account when considering sentencing?

Answer 27

Pre-sentence report, psychiatric assessment, victim impact statement, and the perspective of the victim, the offender, and society

Question 28

What is the most lenient sentence?

Answer 28

An Absolute Discharge

Question 29

Consecutive and concurrent sentencing

Answer 29

Consecutive- one after another
Concurrent- at the same time

Question 30

What is mandatory supervision?

Answer 30

A court ordered period of time in the community under the supervision of an officer

Question 31

Describe a minimum security prison

Answer 31

A federal correctional facility without exterior barriers, bars, walls, etc.

Question 32

What remedies are available in a civil suit?

Answer 32

Injunction, Declaratory, monetary

Question 33

Garnishment

Answer 33

A court order directing that money or property of a third party be seized and used to satisfy a debt owned by a debtor to a plaintiff

Question 34

What defence is there for negligence?

Answer 34

Show you did not owe a duty of care to the plaintiff, or that the negligent act wasn’t negligent

Question 35

What defence is there for libel?

Answer 35

Justification for why the statement was true

Question 36

What is medical battery?

Answer 36

The lack of consent, fraud consent, procedure not explained or wrong procedure performed by medical proffesionals

Question 37

What is trespass to chattels?

Answer 37

Intentional interference with someone’s “chattels”- personal property e.g. car, Art, clothes, jewellery