Multiple choice Flashcards
(40 cards)
What is restitution?
A punishment that requires the offender to pay the victim or society back for the harm or lose suffered
Rule of law principles?
1) rule of law means that individuals must recognize and accept that law is necessary to regulate society 2) the law applies equally to everyone 3) no one in our society has the authority to take away our right except in the accordance of law
Features of common law?
1) the law is common to all 2) the use of case law 3) the use of assizes
What is habeus corpus?
Requires the authority making the arrest to bring the detained person before a judge or court to determine the validity of the arrest
What is Canada’s highest court?
The Supreme Court
What are reasonable limits to the charter
Your rights cannot pose a threat to public safety or infringe upon the rights of others
Freedom of expression limitations
Hate speech
Freedom of religion limitation
Your religious beliefs cannot infringe on the countries laws
Freedom of assembly limits
Law enforcement can stop it if it becomes violent or a threat to public safety
Mobility rights - what is allowed?
1) Every citizen of Canada has the right to enter, remain in and leave Canada. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: to move to and take up residence in any province; and. to pursue the gaining of a livelihood in any province.
What two elements must be present for something to be considered a crime
Actus reus and men’s rea
What do you call a person who commits a crime
A perpetrator
1) aiding 2) abetting 3) counselling
1) helping a perpetrator commit a crime 2) encouraging a perpetrator to commit an offence 3) persuading or counselling a perpetrator to commit a crime
What is automatism
A condition in which a person acts without being aware of what they are doing
When can insanity hear used as a defence
When the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act.
What circumstances make it first degree murder
When the murder is planned or deliberate or results in the death of a peace officer
Basic elements of a robbery
Theft with or with the threat of violence
Breaking and entering elements
1) breaking in to an establishment 2) the intent to commit an indictable offence once inside
Why does a judge issue a summons?
A summons is given to a person once they have been charged with an offence
Why do police issue an appearance notice?
It is a document telling you when to appear in court to be criminally charged
When can police make an arrest without a warrant
When an police officer sees you committing a crime. A police officer has reasonable grounds to believe you have committed or are about to commit a serious crime.
When can police search you without a warrant?
Police can search you if you are found on the premises of a place which is being searched with a warrant. Police can search you or your possessions if they have a reasonable suspicion that you have an illegal narcotic on your person. Police can search you if they have a “reasonable suspicion” based on objectively verifiable evidence that you are possibly engaged in some criminal activity.
What does the court clerk, foreperson of the jury, and judge do
Court clerk: assists the judge by keeping a record of the trial exhibits, administers oaths and announces the beginning and end of a court session
Foreperson of the jury: the member of the jury who communicates with the judge
The judge: makes decisions on the admissibility of evidence, controls events in the courtroom and interprets the law pertaining to the case
What’s the purpose of a preliminary hearing
To inquire if there is sufficient evidence to put the accused on trial
