Criminal Law
What is a legal decision that judges refer back to when deciding present cases?
precedent
What does R stand for in a case citation?
Rex
first person to write laws down
Hammurabi
document that showed the king was subject to the rule of law
Magna Carta
Constitutional law is a division of public or private law?
public
body of law that defines crimes and prescribes punishments
Criminal Code of Canada
releases someone on bail on their own recognition of their need to be back in court
recognizance
indirect evidence
circumstantial evidence
allows the government to override charter rights in the name of public safety
notwithstanding clause
maximum bac in Canada
.08
what must accompany threat of violence to be considered assault
gestures
case that set legal precedent for disclosure
R v Stinchcombe
year Canada's constitution was made
1982
four fundamental freedoms
Freedom of religion, expression, assembly, and association
what happens when a jury cannot decide
hung jury/mistrial
First step in a trial when the charges are read and a plea is entered
arraignment
what percentage of criminal cases are resolved with a guilty plea?
90%
Jonah is caught with 1 kg of cocaine and texts showed he was planning on selling it. Police intercepted it before he could distribute. Can Jonah be charged with trafficking?
Which level of offence carries no statute of limitations?
indictable offences
term used for a financial or health and safety risk that makes it impossible to accommodate a complainant in a discrimination case?
a word that means "showing guilt"
inculpatory
name 3 rights when charged
Lawyer
Bail hearing
know the charges
tried within reasonable time
innocent until proven guilty
right not to witness
3 grounds to be denied bail
1. flight risk
2. reoffence risk
3. confidence in the justice system
3 rights on being arrested
Right to remain silent
Right to habeas corpus
Right to be informed of reason for arrest
Right to Counsel
difference between first degree murder, second degree murder, and manslaughter
First degree - planned and deliberate
Second degree - intent to kill but not premeditated
Manslaughter - culpable, but no intent to kill