Final Exam Review Sheet [Law 12]

What type of law has the main purpose of protecting society?

Criminal Law.

In private law, what is the person called who initiates the lawsuit?

The plaintiff.

What is the name of the document that outlines criminal law for youth?

The YCJA.

What are the laws which Parliament passes called?

Statues.

What is stated in the Universal Declaration of Human Rights?

A list of human rights and freedoms for people all over the world.

What responsibilities does Section 92 of the Consistition Act of 1867 outline?

Section 92 outlines the Provincial Government powers such as property and civil rights, the police, highways and roads, provincial jails and hospitals.

What responsibilities does Section 91 of the Consistition Act of 1867 outline?

Section 91 outlines the Federal Government powers which includes criminal law, EI, banking and currency, marriage/divorce, postal services etc.

What are the three branches of the Canadian government?

Executive, Legislative and Judiciary.

What are the laws called in the Municipal government?

Bylaws.

When is a restriction on individual rights under the Charter allowed?

When it can be justified in our democratic society.

How many years can legislation use the Notwithstanding Clause stay in place?

5 years.

What is the first question asked when analysing a potential Charter case?

Does the Charter apply?

Which section of the Charter outlines protection from discrimination?

Section 15 (Equality Rights).

What is it called when the court orders a term to be added to a law that violates a charter right?

Read in.

What can a person seek if they believe their charter rights have been violated?

Apply to a court for a remedy.

What is it called when a judge puts their personal views into their judgement?

Judicial Activism.

What has been recently added to the categories of discrimination in the Charter?

Citizenship, Marital Status and Sexual Orientation.

What is the maximum penalty for an indictable offence?

Life imprisonment.

What type of offence can the Crown prosecutor decide how to proceed?

Hybrid offence cases.

What is the term used to refer to the accused’s state of mind?

Mens rea.

What is an attempt?

An act done with the intent to commit a criminal offence but without success.

What must be proven before the accused can be convicted of aiding?

You must prove that the accused truly intended to commit the offence.

Define organized crime.

Organized crime is a group of three or more individuals who share a common identity that defines itself by opposing authority and engaging in ongoing criminal activity.

Which level of government can make criminal laws?

The Federal government.

What court hears legal disputes involving the federal government?

Federal Courts.

What court hears appeals from the provincial appeal court?

Supreme Court of Canada.

What must occur during a lawful arrest?

A reading of the caution.

What is a summons?

An order to appear in criminal court.

What are the rules governing extensive body searches?

They are conducted by officers of the same sex.

What rights does a person have when they are charged with a crime?

Right to remain silent, right to counsel (lawyer) and the right to know what offence you’re being charged with.

What document outlines the legal rights of citizens who are arrested or detained?

Charter of RIghts and Freedoms.

For an officer to get a search warrant, what must they outline to the court?

They must outline the evidence that a crime occured/exists on the property and they must swear an information.

What must a search warrant contain?

An address, a date indicated for the search to occur and the items outlined for the search.

If an accused person needs to meet with a lawyer immediately, what will happen?

That wish will be honoured and must be granted in a reasonable amount of time.

What legal service is paid by taxpayers?

Counsel (legal aid).

What can the defence do during a preliminary hearing?

Cross-examine the Crown witnesses.

What are the requirements to serve as a juror?

Must be a Canadian citizen, 18 years of age, a resident in the province/territory for at least a year, speak English or French and be mentally fit for the responsibility.

Who is allowed to accept or reject jurors?

The Crown attorney and defence counsel.

What types of challenges can eliminate potential jurors?

A challenge for cause.

What charge can be laid against a person who knowingly lies in court?

Perjury→ Which can lead to a maximum sentence of 14 years.

What is the purpose of voir dire?

A mini-trial held within an actual trial to decied if certain evidence is admissible.

What statement clears a defendant of guilt?

Alibi Statement.

What is another name for a closing statement?

Summation.

What is the term for when someone is blamed for killing someone else?

Culpable homicide.

What are the classes of murder in our criminal code?

First and Second degree and Manslaughter.

How many levels of assault are there?

3 levels.

When can consent be used as a defence to sexual assault of someone under 16 years old?

When the offender is more than 2 years older.

What is the maximum prison sentence for abducting a child?

10 years.

What are examples of property crime?

Arson, theft, break and enter, identity theft and robbery.

Define arson.

The criminal act of deliberately setting fire to property.

What is identity theft?

The act of stealing someone else’s identity for criminal purposes.

What requirements are placed upon firearm owners and users?

Need a firearm license.

What is contained in the Anti-Terrorism Act?

It contains the definition for terrorism, terrorist offences, investigative tools for law enforcement agencies, and any information known must be provided to the judge, all with be protected and classified in the courtroom proceedings.

What does a strong alibi include?

A strong alibi contains; 1) a statement indicating that the accused was not present at the location of the crime when it was commited 2) an explanation of the accused’s whereabouts at that time 3) the names of any witnesses to the alibi.

What is automatism?

An involuntary action by someone who is in a state of impaired consciousness without control over their actions.

What is necessity?

Criminal act committed due to immediate/urgent circumstances and truly didn’t act voluntarily.

What is mistake of fact?

A defence that shows a lack of mens rea due to an honest mistake.

What is double jeopardy?

To be tried twice for the same offence.

What is provocation?

The act of inciting to commit a crime in the heat of passion.

What is not a valid legal defence?

Ignorance of the law.

What defence should be presented as soon as possible to the authorities?

Necessity.

What does the judge consider before imposing a sentence?

Time spent in custody awaiting trial, the circumstances of the convicted person, the potential for rehabilitation and the victim impact statement.

How is it determined if someone is a long-term offender?

If a criminal repeatedly behaves in ways that could injure or harm others and show signs that they are likely to re-offend.

What year was capital punishment abolished in Canada?

1976.

What is a conditional discharge?

A release with terms, which, if successful, results in no criminal record.

What are mitigating circumstances?

Factors that demonstrate the punishments should be less severe.

What is a conditional sentence?

A release with terms, which if successfully completed, results in no criminal record.

What happens if a conditional sentence is imposed?

They are released on a conditional order and may be ordered to attend a treatment program.

Under the criminal code, what is the maximum fine for summary offences?

$2,000

Under the criminal code, what is the maximum fine for an indictable offence?

$50,000

What is a consecutive sentence?

A penalty for two or more offences, served one after the other.

What happens in a releasing circle?

Members of the National Parole Board, the community and offenders meet and prepare a plan for the successful return of the offender to the community.

Under what circumstances can the defence appeal a conviction?

The defence can appeal a conviction for summary conviction offences if any mistakes were made.

What is open custody?

Detention that is supervised and allows some supervised access to the community.

Define statutory release.

An inmate’s release from an institution as required by law.

What would happen to an adult who fails to supervise a youth charged with an offence?

They would face criminal charges.

What court hears the cases of 12-15 year olds?

Youth court.

What is the maximum sentence a young person can receive in youth court?

10 years.

What are the main principles in sentencing under the YCJA?

To hold offenders accountable, consider the victims needs/concerns and impose appropriate sanctions.

What will a youth’s pre-sentence report contain?

History of criminal offences, school records, etc.

What are examples of open custody facilities for youth offenders?

Foster/group homes.

What are common sentences in youth court?

Alternative measures program.

What is the main purpose of civil law?

To deal with the wrongs committed against an individual and regulate disputes between individuals.

What is the highest dollar limit in small claims court?

$10 000

What is the person who is being sued in a civil action called?

The defendant.

What is the maximum amount a minor can sue someone?

$500

What types of claims are pursued in small claims court?

Breach of contact, unpaid bills, loans, rent, wages, claims for minor accidents,damage to property and recovery of property.

In civil court, how is a case proven?

The plaintiff must prove that it is probable that the defendant is legally responsible/liable.

Define punitive damages.

Compensation to punish the defendant for malicious behaviour.

What are nominal damages?

Compensation rewarded as a moral victory to a plaintiff who has not sustained any actual losses.

Who pays for mediation costs?

All parties shall bear their own costs for mediation and share equally the fees of the mediator.

What occurs during arbitration?

A dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

Is the number of married couples increasing or decreasing in Canada recently?

Decreasing.

What is monogamy?

The state of being married to only one person at a time.

Define separation.

A partial dissolution of a marriage in which the spouses live separate and apart with the intention to end the marriage.

Define adultery.

Voluntary sexual intercourse by a marrieed person with someone other than the spouse.

What is contained in a child access order?

The best interests of the child.

What is an annulment?

A court order to set aside a marriage.

What process is used to reconcile a marriage breakdown?

Family mediation.

What do family mediators do?

They provide a safe setting for the spouses and their children, identify and clarify the issues to be resolved, assit the couple to reach decisions, facilitate positive communication etc.