View
232
Download
0
Category
Tags:
Preview:
Citation preview
LAW
Exam Version
100 100
200 200
400 400
300
400
Miscellaneous Rights and Freedoms
Crime Trial
300 300 300
200
400
200
100
500 500 500 500
100
600
800
1000
600
800
1000
600
800
1000
600
800
1000
Civil
100
200
300
400
500
600
1000
800
Sentencing
100
200
300
400
500
600
1000
800
100 Misc
Country which historically had greatest influence on Canadian law.
What is Britain (England or UK)?
100 R & F
Charter section that ends with the words “as can be demonstrably
justified in a free and democratic society.”
What is section 1 or reasonable limits?
100 Crime
The more serious offences.
What is an indictable offense?
100 Trial
Two, 5 year sentences result in 5 years imprisonment under this type of
sentence.
What was concurrent?
What is duty of care (or neighbour principle)
The legal obligation not to cause harm to others.
100, Civil
200 Misc
Key concept of punishment whereby the offender pays back the victim dating back
to Hammurabi’s Code.
What is restitution?
200 R & F
Entrenched in the Constitution and guarantees
human rights in Canada.
What was the Charter of Rights and Freedoms?
200 Crime
Where the majority of our criminal law legislation is
found.
What is the Criminal Code of Canada?
200 Trial
The abbreviation JP is short for this.
What is a justice of the peace?
What is vicarious liability?
When an employer is held legally
responsible for the wrongful action
of an employee.
200, Civil
300 Misc
A tool used by a judge in determining anappropriate sentence.
What is presentence report, victim impact statements, Crown & Defence submissions, previous criminal record, evidence or
convicted person’s statements?
300 R & F
The provincial statute that protects individuals from discrimination by other
individuals.
What is the Ontario Human Rights Code?
300 Crime
When someone encouragesa person to commit a crime and is
present during the crime.
What is abet?
300, Trial
A document issued by a JP or Justiceordering the accused
to appear in court at a certain time and place
What is a summons?
What is contributory negligence?
This defence to negligence claims that the defendant
somehow created at least part of the
situation that caused the harm.
300, Civil
400 Misc
The two main divisions in Canadian substantive law
What is criminal and civil law?
What is private and public law?
400 R & F
One area of prohibited grounds of discrimination.
What is race, gender, creed etc?
400 Crime
The most serious of the assault charges in the CCC.
What is aggravated assault?
400, Trial
The process of selecting a jury
What is empanelling ?
What is fair comment?
The term given to the defence of expressing an honest opinion when
facing a defamation suit.
400, Civil
500 Misc
Those circumstances of the crime that increase the responsibility of the offender and result in the penalty
being increased
What are aggravating circumstances?
500 R & F
Requiring the wearing of a hard hat at a
construction site is an example of this.
What is a bona-fide occupational requirement (BFOR)?
500 Crime
The two actions that must have occurred for an act to be
considered a crime in the CCC
What is actus reus and mens reas?
500, Trial
The result of this court action may be the ordering of a new trial.
What is an appeal?
What is Tort law?
The type of law that deals with private citizens where one has
wronged another.
500 Civil
600 Misc
One component of this principle is that no one is above the law.
What is Rule of Law?
600 R & F
When matters are considered outsidethe authority of a government.
What is ultra vires?
600 Crime
This is the careless disregard for the
possible results of an action.
What is recklessness?
600, Trial
A court appointed lawyer paid forby the government
What is legal aid?
What are general or pecuniary damages?
The term given to future lost earnings,
& medical care.
600 Civil
800 Misc
Circumstance when police officer may charge
but not arrest a law breaker.
What is before or after committing a summary conviction offence?
800 R & F
Section 33 of the Charter that allows the federal and provincial
governments to enact legislation that may violate the Charter.
What is the notwithstanding clause?
800 Crime
A defense used by the defendantmeaning he/she took reasonable care
not to commit the offence/tort.
What is due dilignece?
800, Trial
Allows the judge to decide if thereis enough evidence to proceed with
a trial.
What is a preliminary hearing?
What is the “balance of probabilities”?
Burdon of proof required in a civil case
800 Civil
1000 Misc
Stare Decisis is associated with this principle (or rule).
What is the rule of precedent?
1000 Charter
If a law violated the Charter it would likely be this.
What is struck down?
1000 Crime
Homicide is a criminal offence if it is _________
What is culpable homicide?
1000, Trial
Allows both the Defence and the Crown to eliminate a prospective
juror without giving a reason
What is a peremptory challenge?
What are negotiation, mediation and arbitration?
The three ways to settle civil disputes out of
court
1000, Civil
What is an absolute discharge?
The most lenient sentence available to a judge.
100, sentencing
What is an aggravating factor?
If a victim of a crime is the spouse or partner of the perpetrator, it is considered this.
200, sentencing
What is a mitigating factor?
If the convicted person has plead guilty to the crime, it is considered this.
300, sentencing
What is a mitigating factor?
The convicted person’s criminal record or lack thereof, is considered this.
400, sentencing
What is deterrence?
This objective of sentencing means that the convict and public will not want to be
punished in the same way and therefore will not commit the crime.
500, sentencing
What is denounce, separate, rehabilitate, restitution, or sense of responsibility?
Other than deterrence, an objective of sentencing.
600, sentencing
What are minimum sentences?
While maximum sentences are always indicated in the CCC, these are only
sometimes included.
800, sentencing
What is life with no chance of parole for 25 years?
The sentence given to Russell Williams.
1000, sentencing
Recommended