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Criminal Procedures > Test 1 > Flashcards

Test 1 Flashcards

(68 cards)

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1
Q

What are the two sources of law that criminal law derives from?

A
  1. Common Law
  2. Statutory Law
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2
Q

What are precedents?

A

Judge made law: Lower courts are compelled to follow the decisions of the higher courts

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3
Q

What is stare decisis?

A

The principle that judges must follow previous rulings within the same province or territory

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4
Q

What is the highest court in Canada?

A

The Supreme Court of Canada

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5
Q

Name the 5 main levels of court?

A
  1. Ontario Court of Justice
  2. Superior Court of Justice
  3. Divisional Court
  4. Court of Appeal
  5. Supreme Court of Canada
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6
Q

What does Ultra Vires refer to?

A

Beyond the legal authority of a level of government to create a law

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7
Q

What does Intra Vires refer to?

A

Within the legal authority to create a new law

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8
Q

What section of the constitution covers provincial and territorial powers?

A

Section 92

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9
Q

What section of the constitution covers federal powers?

A

Section 91

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10
Q

What level of government take care of the administration of justice?

A

Provincial government

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11
Q

Is the Criminal Code of Canada a statute or legislation?

A

Statute

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12
Q

Name 5 common summary and hybrid offences

A
  1. Causing a disturbance
  2. Trespassing
  3. Assault
  4. Criminal Harassment
  5. Indecent communication & Harassing communications
  6. Operation of a conveyance while prohibited
  7. Fraud Under
  8. Identify theft
  9. Indecent Act
  10. Mischief Under
  11. Possession of property
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13
Q

In civil law, explain the meaning of assault and what act follows it?

A

Assault is the perception and battery is the act

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14
Q

What is the difference between general assault and domestic violence?

A

General assault is against another individual that may include a stranger; Domestic violence is between spouses

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15
Q

What kind of insurance is required for a practicing advocate, generally?

A

Error and omissions

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16
Q

What does Rule 3 cover in the Paralegal Code of Conduct?

A

Duties owed to the client

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17
Q

What is not permitted during cross-examination?

A

Introducing new evidence

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18
Q

What is the purpose of re-examination?

A

If the crown poked holes in your examination, you may ask clarifying questions

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19
Q

What is the name of the bill that passed pertaining the section 781(1) of the Criminal Code?

A

Bill C-75

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20
Q

What does Rule 4 cover in the Paralegal Code of Conduct?

A

Paralegal duty as an advocate

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21
Q

What do you need to identify for a stay of proceedings due to non-disclosure?

A
  1. What items have not been disclosed
  2. The letters that have been sent requesting the disclosure
  3. That the Crown has failed to respond to the requests for disclosure
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22
Q

What are two things you need to ensure when you are submitting a non-disclosure application with respect to the Rules?

A
  1. Ensure the criminal Rules have been followed regarding filing and service of the application forms
  2. Ensure that there is a date set for the application
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23
Q

What is the only exception to breaking Client/Solicitor privilege?

A

Public Safety exception and also prevention of death or harm

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24
Q

What is covered in R.v. Murray?

A

Obstruction of Justice

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25
What section of the Rules of Conduct cover Client Property?
Rule 3.07
26
What section of the Rules of Conduct cover Withdrawal of Representation?
Rule 3.08
27
What section of the Rules of Conduct cover Withdrawal of Representation?
Rule 6
28
What is meant by "Tunnel Vision?"
A situation in which a particular suspect is believed by the investigators to be guilty of an offence and any evidence consistent with the theory is dismissed as irrelevant, incredible or unreliable
29
What can a Paralegal do to become competent?
1. Get yourself up to date 2. Get support from senior counsel 3. Pass the matter on to a competent counsel
30
What Rule is satisfied when you ask for support to be competent in a matter?
Rule 3
31
What is an inchoate offence defined as?
An attempt; Not fully completed and not all of the elements of actus reas
32
Define "Onus".
The responsibility or obligation to prove
33
What is meant by "Reverse Onus"?
The burden rests with the accused.
34
What is an example of a time reverse onus would become applicable
Bail court
35
What is Actus Reus?
Guilty Act
36
What is the difference between Robbery & Theft?
The way that the item(s) were taken
37
Define Omission.
Failure to do an act that has a legal duty to something that results in harm(negligence)
38
Define Commission
The execution of an act that causes harm
39
What does a "reasonable person" mean?
Most logical thing to determine
40
What would be a charge that lacks consent?
Sexual Assault
41
What is section 276(1) of the Criminal Code considered?
Rolling events that led up to the sexual assault
42
What is Mens Rea?
The guilty mind
43
What are some offences that indicate possession and intent?
1. Weapon offences 2. Controlled drugs 3. Break-in-tools
44
Does every charge require actus reas & mens rea?
No
45
What are the 3 types of absolute liability?
1. Causation 2. Involuntariness 3. Necessity
46
What is the term used in R.v. Brown to speak to the hypnotic state of the accused?
Automatism
47
What is meant by subjective mens rea?
What was in the mind of the accused?
48
What is meant by objective mens rea?
What would a reasonable person facing the same circumstances do?
49
What are 4 lower levels of intent?
1. Recklessness 2. Wilful Blindness 3. Criminal Negligence 4. Knowledge
50
Define Motive
Underlying reasons; the why
51
What does intention dictate?
The severity of the crime
52
What is meant by MO?
The preferred method
53
How many parties need to be present to consider conspiracy?
Two or more parties
54
What section covers penalties for an offence?
S.463
55
What case refers to timeline?
R. v. Jordan
56
What is a general provision?
What is resorted to when there is no specification
57
What is the maximum fine that a Paralegal can defend for a summary conviction matter?
$5000
58
What is the maximum fine that a Paralegal can defend for a summary conviction matter?
$5000
59
What are the 3 forms of release?
1. Appearance notice 2. Promise to Appear 3. Recognizance of bail or surety bail
60
What court does a surety need to appear in if the accused breaches bail?
Estreatment Court
61
What is a private information?
When people are not at the meeting of the minds and the criminal court is not involved
62
What is meant by a global resolution?
Bringing multiple informations into one court to resolve all matters in one court
63
What is meant by the rule of duplicity?
You cannot be charged with an offence twice
64
What is Direct Intent?
A desire or purpose to achieve a particular consequence which is certain to occur
65
What is identification?
Evidence showing that a person charged with an offence is the one who committed the offence
66
Who is a Forensic Identification Specialist?
Specially trained officer responsible for collection of physical evidence from a crime scene
67
What re the 3 types of inchoate offences?
1. Attempt 2. Conspiracy 3. Counselling someone to commit a crime
68
What is a dual procedure offence or hybrid offence?
Offences for which the Crown may elect to proceed by way of summary conviction or by indictment

Criminal Procedures (3 decks)

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