Unit 1-2
This principle states that no person or institution is above the law.
The Rule Of Law
What are the two elements that must exist for a crime to be committed.
Mens Rea & Actus Reus
What document gives the police the right to search a person's home?
A search warrant
Distinguish between first-degree and second-degree murder.
First-Degree murder is premeditated, while second-degree isn't
No.
Right to freedom of religion, freedom of expression, and mobility rights. These are all parts of the...
Charter Of Rights And Freedoms.
Mark misrepresents a statistic on incarceration rates by race to make a specific community look bad. Is this an example of hate speech?
No.
Are leading questions permitted in cross examination of a witness?
Yes.
What are the 5 most serious violent crimes listed in the C.C?
homicide, assault, sexual assault, abduction and robbery.
What is a tort?
A civil wrong that causes harm or loss to the plaintiff.
This allows provinces to "opt out" of the charter.
What is the Notwithstanding Clause?
What is the "point system"?
based system used by the government to assess and rank possible immigrants
Can children of law enforcement officers be selected for jury duty?
Yes.
To prevent abuse of the legal system
Criminal Law verdicts are based on the concept of innocence until proven guilty. What concept do civil law verdicts fallow?
Balance of probabilities.
Where is the Code Of Hammurabi from?
What is Babylon/Modern-Day Iraq?
A cop detains a man and tells him his reason for arrest and his right to legal counsel. The cop asks the man a few questions and the man answers. These answers are used against him in court. Has his rights been infringed on?
No -- Unlike the US, Canadian police officers are only required to inform detainees of their right to be informed of their arrest and their right to legal counsel.
List the three jury challenges
challenge of jury list
challenge for cause
peremptory challenge
What is The Carter Defence?
A defence that gave those accused of drunk-driving the ability to defend themselves with evidence proving they weren't drunk.
Name the three different objectives of sentencing.
Deterrence, Segregation, and Rehabilitation
What is the Oakes test and what is it's purpose?
A legal framework used in Canada to determine whether a government action that limits a Charter right is reasonable.
List the 7 purposes of the criminal justice system.
To protect people from harm
To protect property from harm
To provide retribution
To enforce moral standards based on the norms and beliefs of Canadians
To provide rehabilitation
To maintain order in society. To deter people from committing crimes
Legislative, Judicial, Administrative and Constitutional
R. v. Lavallee.
Before the Youth Criminal Justice Act (YCJA) came into effect, what law governed the juvinile system in Canada?
Young Offenders Act/(YOA)