Law Unit 3

robthescienceguy's version from 2016-01-27 02:42

Section 1

Question Answer
Who are the parties involved at trial?judge, crown attorney, defense counsel, witnesses, jury, court clerk, court recorder, court officer.
Burden of Proof in civil vs criminal cases?civil;must prove their own case is more true. criminal;crown must provide reasonable doubt.
What is a crime?most Canadians consider it immoral, must cause harm to individuals and society, harm is serious, must be punished by govern.
Difference between legal/illegal/criminallegal;not against the law, illegal;not legal not criminal, criminal; immoral harmful and against the law.
What government has jurisdiction over criminal law?the federal government.
What government has authority over quasi-criminal law?provincial, territorial and municipal governments.
What is the Criminal Code of Canada?the main source of criminal law in Canada.
What are the types of offences?summary;less serious,max is 2000 or 6 months, indictable;serious,max is life imprisonment.
What is a hybrid offence?when the crown decides whether the offence will be indictable or summary.
What is actus reus?physical act, prohibited act, possession, failure to do something.
What is mens rea?guilty mind.
What does onus mean?one's duty or responsibility.
What does beyond a reasonable doubt mean?the decision has to be made without any reasonable doubts.
What is burden of proof?the obligation to provide the truth.
Who has to prove the accused guilty in a criminal case?the crown.
Difference between general and specific intent?general;has no other purpose in mind, specific;further criminal purpose in mind.
How is knowledge mens rea?knowing something can lead to mens rea.
What is motive in respect to mens rea?accused reason for committing an act, does not prove guilt.
What is recklessness?careless disregard for the possible result of an action.
What is willful blindness?when someone purposely ignores certain facts or information.
What is attempt?someone intends to commit a crime but fails, must have been planned
What is conspiracy?agreement between people to commit an offence.
What is strict liability?where mens rea does not have to be proven.
What is absolute liability?where mens rea and actus reus must be proven.
Difference between aiding and abetting?aiding;person helped commit the crime, abetting;person encouraged the perpetrator.
What is an accessory after the fact?someone who helps the perpetrator after he committed the crime.

Section 2

Question Answer
1st degree murderindictable, life.
2nd degree murderindictable, 10yrs to life.
manslaughterindictable, 4yrs to life.
attempted murderindictable, 4yrs to life.
infanticideindictable, 5yrs.
assaulthybrid, 5000/6mths or 5yrs.
sexual assaulthybrid, 5000/18mths or 10yrs.
thefthybrid under 5000;5000/6 mths, indictable over 5000;10yrs.
robberyindictable, 4yrs to life.
break and enterindictable, life.
possession of marijuanasummary, 1000/6mths.
trafficking marijuanaindictable, 5yrs
impaired drivinghybrid,1000 to 5000/6mths or 5yrs.
mischiefhybrid, 5000/6mths or 5yrs.

Section 3

Question Answer
What must be done to complete a legal arrest?told your under arrest, told reason, told rights, ask about lawyer.
When can an officer make an arrest?witnessed the crime, reasonable grounds to suspect that a crime has or will be committed.
When can a citizens arrest be made?if a crime is witnessed or is suspected to be previously committed.
What rights do citizens have while being arrested?remain silent, refuse polygraph, lineup, blood tests
What rights do the police have during an arrest?to search the person, take them to station, finger print if indictable.
How do police get a warrant?go to a judge and ask.
When can a search warrant be used?between 6am and 9pm.
What is legal aid?person cannot afford lawyer, one is given to them.
What is the purpose of the preliminary hearing?to see if the crown has enough evidence to make a case.
What is a plea bargain?crown gives concession for defense pleading guilty.
Principles of Criminal Justice System?innocent until guilty, crown has burden of evidence, convicted beyond reasonable doubt, fair trial.
Who is/is not eligible for jury duty?under 18, over 69, work for government, has been on jury in last 2-3 years.
Jury selection process?questionnaire, 75-100 selected come to court, individually asked more questions.
Jury challenges available?challenge jury list;selection was biased, challenge for cause;juror is biased, peremptory challenge; no reason(limited)
Why are jurors sequestered?to make sure they don't get any biased information on the case.
What is a subpoena?a document ordering a person to attend court.
Difference between affirmation/oath?oath;a promise, affirmation;stating as a fact.
What is perjury?willfully lying in court after taking oath or affirmation.
What are some defenses?alibi, self-defense, defense of property, legal duty, intoxication, automatism, mistake of law/fact, mental disorder.
What is a verdict?the decision whether the accused is guilty or not.
What is a hung jury?when the jury cannot reach a decision.

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