Criminal Offences
Murder that is both planned and premeditated is known as ...
First degree murder
True or False: In a criminal trial with a jury, the judge still makes the final decision about the guilt of the accused.
False - The jury makes the final decision. The final decision must be unanimous to reach a verdict.
True or False: Self defense can only be justified if the force used against the attacker is reasonable.
True
Bill is suing Sam for damages. In this case, who is the defendant and who is the plaintiff?
Bill is the plaintiff and Sam is the defendant
What is the process called when a neutral third party listens to both sides of a civil dispute and makes a final decision that both must follow.
Arbitration
The return to prison of criminals who are repeat offenders is known as:
Recidivism
What is the burden of proof in a criminal trial?
Beyond a Reasonable Doubt
This means the Crown (the prosecutor) has to prove the accused person's guilt to a very high level of certainty. Almost 100%.
Is someone saying anything they want about others a right that is protected by the Charter of Rights and Freedoms?
No - There are laws about defamation and hate speech
Amanda savagely beat her former neighbor Steven with a lead pipe. Steven required plastic surgery after the attack. Amanda has been arrested and will likely be charged with…
aggravated assault
What is the process called where both parties communicate to reach a mutually acceptable agreement?
negotiation
What is non-culpable homicide?
A killing that is accidental or justified.
Example: A driver is following all laws but a pedestrian walks out in front of them and are killed.
What is the burden of proof in a civil trial?
Balance of Probabilities
This means a judge decides who is more likely telling the truth.
In a criminal case, the motive is defined as...
the reasons for committing an offense
A sentence where multiple sentences are served at the same time is a:
concurrent sentence
What are the two sub-categories for defamation? What is the difference between them?
Libel - written defamation
Slander - spoken defamation
What is automatism?
When a person acts without control or awareness so they cannot form intent.
For example, sleepwalking
Who is responsible for the burden of proof in a criminal trial?
The Crown (Prosecution)
The Canadian Charter of Rights and Freedoms gives all Canadians the right to enter, remain, and leave Canada. This is known as…
Mobility Rights
What is perjury?
knowingly lying under oath
Tort law is best defined as…
a wrong, not covered by a contract, which one person commits against another person
What is contributory negligence?
When the victim is partly responsible for their own injury.
Example: A car hits a pedestrian and injures them but the pedestrian was jaywalking instead of crossing at the lights.
What is absolute privilege?
Legal protection allowing someone to speak freely without being sued for defamation while in a courtroom.
The accused takes the stand and says: “I didn’t know the car I bought from the GM dealership was stolen.” The type of defense being used is…
mistake of fact
When sentencing youth, what act has to be followed?
The Youth Criminal Justice Act
An offender is ordered to pay the victim an amount of money. This is an example of:
restitution