Mod 1, Lesson 1- Foundations Of Justice

Question 1

Judicial interim release is another name for what?

Answer 1

Judicial interim release is also known as bail

Question 2

An “obstacle course” model of justice emphasizing the due process rights of individuals is referring to what model?

Answer 2

The due process model is a model of justice that emphasizes the due process rights of individuals is

Question 3

What type of legal system is used here in Canada?

Answer 3

Canada uses the adversarial legal system

Question 4

Countries such as Germany & the Netherlands use a more civil tradition— what type of legal system do these countries use?

Answer 4

Countries like Germany & the Netherlands use the inquisitorial legal system

Question 5

A broader view of justice that places the ideal of justice within a larger cultural, economic & political context is known as what?

Answer 5

Social justice is a broader view of justice that places the ideal of justice within a larger cultural, economic & political context

Question 6

What refers to the fairness of the procedures used in the justice system to arrive at these decisions?

Answer 6

Procedural justice refers to the fairness of the procedures used in justice system to arrive at a decision

Question 7

What term generally refers to ideals of fairness & objectivity?

Answer 7

Justice generally refers to ideals of fairness & objectivity

Question 8

In general, what are the three main purposes of the Canadian criminal justice system?

Answer 8

Generally the three main purposes of the Canadian justice system are
1-to control crime
2-to prevent crime
3-to maintain or achieve justice

Question 9

What is meant by the term Doli incapax?

Answer 9

Doli incapax is the Latin term for too young for evil meaning that a child under 12 cannot be held criminally responsible and/or prosecuted for criminal acts

Question 10

The “assembly line” model that emphasizes the early stages of the justice system through the efficient arrest & conviction of criminal offenders is referring to what?

Answer 10

The crime control model is an assembly line model that emphasizes the early stages of the justice system through the efficient arrest & conviction of criminal offenders

Question 11

What is the rule of law?

Answer 11

The rule of law is the belief that it is the law itself that is supreme & all government officials & individuals must abide by the law

Question 12

What is the Magna Carta associated with?

Answer 12

The Magna Carta is associated with the rule of law, tracing back to 1215

Question 13

A system of government in which power is distributed among a central or federal level of government & smaller regional governments is referring to what?

Answer 13

Federalism is a system of government in which power is distributed among a central or federal level of government & smaller regional governments

Question 14

In what year was the Constitution Act introduced into the Canada Act?

Answer 14

The constitution act was introduced as part of the Canada act in 1982

Question 15

Basic or fundamental rights under the Charter of Rights & Freedoms includes which freedoms?

Answer 15

Basic/fundamental rights in the charter refers to the freedom of conscience & religion, thoughts, belief, opinion & expression, association & peaceful assembly

Question 16

In what section of the Canadian charter of rights and freedoms can legal rights be found?

Answer 16

Legal rights can be found in sections 7-14 of the Canadian charter of rights & freedoms

Question 17

In what section of the Canadian charter of rights & freedoms can basic or fundamental rights be found?

Answer 17

Basic or fundamental rights can be found in section 2 of the Canadian charter of rights & freedoms

Question 18

In what year did Canada adopt the Bill of Rights?

Answer 18

Canada adopted the Bill of rights in 1960

Question 19

In some cases, failure to act can be considered a violation of criminal law.
True or false.

Answer 19

True

Question 20

True or false.
A unique feature of the common law is that it exists in past decisions of judges rather than being embodied in legal codes or legislation.

Answer 20

True

Question 21

Sandra witnessed her brother physically abusing his son but failed to report the abuse.
Which type of law do her actions violate?

Answer 21

Criminal law

Question 22

In what year did Canada follow the American constitutional model that included entrenching our rights & freedoms?

Answer 22

Canada followed the American constitutional model in 1982 which included entrenching our rights & freedoms

Question 24

Freedom to conscience & religion, thoughts, beliefs, opinions, & expression, association & peaceful assembly are all included in what section of the Canadian charter?

Answer 24

These are found in our basic or fundamental freedoms in section 2 of the charter

Question 25

What does critical (or thorough) thinking involve?

Answer 25

Critical thinking involves examining an issue, distinguishing between fact & opinion, considering multiple POVs & being open-minded to all ideas

Question 26

To be a critical thinker, what three things must someone engage in?

Answer 26

To me a critical thinker, one must engage in 1-asking questions 2-considering multiple POVs 3-drawing conclusions

Question 27

How can Law be defined?

Answer 27

Law refers to a set of formal rules created & enforced by the government to regulate behaviour

Question 28

What do the scales of justice symbolize?

Answer 28

The scales of justice symbolize weighing the merits of each case

Question 29

As of 2023, crime rates in Canada were trending higher toward pre-pandemic levels. What type of crime was of concern?

Answer 29

Violent crime was of concern in these rising crime rates

Question 30

What are two examples where omission to act would be constitute a crime?

Answer 30

Omission to act would constitute a crime in the event of failing to assist a person in peril or failing to report a case of child abuse

Question 31

What does actus reus refer to?

Answer 31

Actus reus refers to the commission of a criminal act

Question 32

What does mens rea refer to?

Answer 32

Mens rea refers to the mental intent to commit the criminal act

Question 33

What does the term precedent refer to?

Answer 33

Precedent refers to a judicial decision that may be used as a standard in subsequent similar cases

Question 34

What is meant by stare decisis?

Answer 34

Stare decisis is a principle by which the higher courts set precedents that the lower courts must follow

Question 35

What is meant by statute law?

Answer 35

Statute law refers to written laws that have been enacted by a legislative body such as the parliament of Canada

Question 36

What is meant by substantive law?

Answer 36

Substantive law refers to a law that sets out the rights & obligations of each person in society; includes the criminal code

Question 37

What is meant by procedural law?

Answer 37

Procedural law refers to the legal processes that protect & enforce the rights set out in substantive law

Question 38

What three laws are classified as Public Law?

Answer 38

Public Law includes 1-constitutional law 2-administrative law 3-criminal law

Question 39

What 5 laws are classified as Civil Law?

Answer 39

Civil Law includes: 1-Labour law 2-Family law 3-Tort law 4-Property law 5-Contract law

Question 40

What does the value consensus model refer to?

Answer 40

The value consensus model is the view that what behaviours are defined as criminal & the punishment imposed on offenders reflects commonly held opinions & limits of tolerance

Question 41

What does the conflict model refer to?

Answer 41

The conflict model is the view that crime & punishment reflect the power some groups have to influence the formulation & application of criminal law

Question 42

What does the term moral entrepreneurs refer to?

Answer 42

Moral entrepreneurs refers to individuals, groups or organizations who seek action against certain groups of people or certain behaviours & bring pressure on legislators to enact criminal statutes

Question 43

What does the social construct of crime refer to?

Answer 43

The social construct of crime is the notion that the legal status of behaviours is not determined by the behaviour itself but is the result of the social response to the behaviour

Question 44

What are the two critical ingredients of a crime?

Answer 44

Two critical ingredients of a crime are the commission of an act (acteus reus) & the mental intent to commit the act (mens rea)