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Law12 Final2017
Law 12 Final2017
104
Law
Undergraduate 1
06/07/2016

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Cards

Term
society
Definition
Laws are meant to reflect the values and beliefs of __________.
Term
Substantive
Definition
These laws provide an overview of our rights and obligations in society
Term
Public
Definition
This law includes criminal law, constitutional law, and administrative law.
Term
Private
Definition
This law includes contract law, family law, and property law
Term
Code of Hammurabi
Definition
The first set of codified laws.
Term
restitution
Definition
Mosaic Law introduced the concept of compensating or paying back the victim. This is formally known as __________________.
Term
case
Definition
Common law is also known as ________________ law.
Term
Civil
Definition
__________ rights limit the power that governments can have over their citizens.
Term
Universal Declaration of Human Rights
Definition
Following WWII, the United Nations created the _____________________________.
Term
Constitution
Definition
The BNA Act of 1867 was renamed the __________________ Act, 1867.
Term
patriation
Definition
When the Canadian Constitution was officially “brought home” from Britain in 1982, this process became known as ______________________.
Term
three
Definition
In order for a bill or law to pass at the federal level, it must go through ___________ readings in the House of Commons.
Term
False
Definition
T/F Provincial Legislatures follow the same process as federal government to pass a law.
Term
False
Definition
T/F The Charter states that most rights and freedoms are absolute.
Term
True
Definition
T/F Rights and freedoms are legal entitlements that citizens can expect from their government.
Term
18
Definition
Every Canadian citizen over the age of ____ has the right to vote.
Term
False
Definition
T/F Provinces are not permitted to impose restrictions on mobility (moving freely within Canada).
Term
Legal
Definition
___________ rights include being informed of the reason(s) for being placed under arrest.
Term
True
Definition
Being detained is not the same as being arrested.
Term
stay of proceedings
Definition
If an accused person is not tried within a reasonable time, the court may agree to a ___________________________, effectively dropping the charges.
Term
False
Definition
T/F Section 35 of the Charter defines what Aboriginal Rights are.
Term
Strike down
Definition
__________________ means that a court rules that a particular law is no longer valid because it has been proven to violate one or more Charter rights
Term
procedural
Definition
Fairness in the criminal justice system is ____________________ justice
Term
Criminal Code
Definition
Criminal offences and their punishments are listed and explained in the ______________________.
Term
True
Definition
T/F A wrongful act may include not doing something
Term
summary offences
Definition
The maximum penalty for most _______________________ is a $2000 fine and/or six months in jail.
Term
actus reus & mens rea
Definition
The two main elements of a crime are _____________ and ________________.
Term
True
Definition
T/F A person can be guilty of a criminal offence in a case in which he or she did not actually complete the act.
Term
Criminal Negligence
Definition
__________________can be defined as a “wanton and reckless disregard” for the safety of others.
Term
False
Definition
T/F The Federal Court of Canada deals with criminal law.
Term
False
Definition
T/F If you simply encourage someone to commit a crime, you are guilty of aiding and abetting.
Term
federal
Definition
The judges in Provincial Superior Court are appointed by the _______________ government.
Term
Supreme
Definition
The _______________ Court of Canada has unlimited jurisdiction in criminal matters.
Term
probable grounds
Definition
In order to obtain a search warrant, a police officer must demonstrate that he or she has “______________________” before a judge.
Term
arrest
Definition
In an _____________ procedure, a police officer must inform the accused of the offence(s) he or she is being charged with.
Term
False
Definition
T/F Among the various duties police officers have, keeping an accurate written log is not considered important.
Term
False
Definition
T/F Being detained by the police is the same thing as being arrested.
Term
True
Definition
T/F A search warrant can only be used on the specific date that is written on it.
Term
False
Definition
T/F A telewarrant may only be obtained by telephone or fax.
Term
recognizance
Definition
If an accused person is released on bail while awaiting trial, he or she must sign a "_____________" or “undertaking”.
Term
bargains
Definition
Plea negotiations are also referred to as plea ______________.
Term
True
Definition
T/F Criminal offences are treated the same throughout the different provinces of Canada.
Term
False
Definition
T/F The Criminal Code provides a clear definition of various criminal offences, but criminal punishments are left entirely up to the trial judge.
Term
murder
Definition
The crime of ____________ involves premeditation and is considered an intentional action.
Term
manslaughter
Definition
The crime of ____________________ holds the person responsible for the death of another, but does not presume the action was intentional or planned in advance.
Term
One assault
Definition
A threat may be considered a type of Level _____ __________.
Term
True
Definition
T/F If someone shoots a gun at someone else and misses, it can still be considered assault.
Term
18
Definition
In Canada, when there is a relationship of trust, such as teacher-student, the age of sexual consent is _____.
Term
Robbery
Definition
_______________ is theft with the use or threat of violence.
Term
False
Definition
T/F To be prosecuted by the Canadian government, terrorist activity must have taken place in Canada.
Term
Criminal
Definition
The main purpose of the criminal system is to protect society which is a reflection of this type of law.
Term
plaintiff
Definition
In private law, the person bringing the lawsuit forward.
Term
precedent
Definition
A legal decision that becomes an example for similar cases that follow.
Term
precedent
Definition
Common law is based on the rule of ___________________.
Term
statutes
Definition
Laws are also known as ______________.
Term
Universal Declaration of Human Rights
Definition
This document states that no one shall be subject to arbitrary arrest and everyone has the right to freedom of opinion, expression, and freedom of movement.
Term
Statute of Westminster
Definition
In 1931, this document gave Canada permission to make its own foreign policy.
Term
federal
Definition
According to Section 91 of the Constitution Act, 1867, the level of government that is responsible for criminal law
Term
municipal
Definition
Bylaws are passed at this level of government.
Term
Reasonable limits
Definition
Clause contained in Section 1 of the Charter.
Term
restriction
Definition
A __________________ on individual rights under the Charter can remain if it is demonstrably justifiable in a free and democratic society.
Term
Notwithstanding
Definition
Legislation passed using this Clause can remain in effect for how five years.
Term
Does the Charter apply?
Definition
First question that must be asked when analyzing a potential Charter case?
Term
Freedom of expression
Definition
This Charter right is limited by the courts due to the fear of spreading hate.
Term
Legal
Definition
Sections of the Charter that protect personal and privacy rights,
Term
False
Definition
T/F An accused can be forced to testify in their own defence.
Term
5
Definition
In the Criminal Code, the maximum penalty for uttering threats is ____ years.
Term
Equality Rights
Definition
Protection from discrimination is reflected in what section of the Charter?
Term
reading in
Definition
A term is added to a law that has been found to violate one or more Charter rights/
Term
remedy
Definition
If someone believes that one or more of their Charter rights have been interfered with, what may they seek?
Term
equality
Definition
These rights are understood to have four meanings; equal before and under the law and equal benefits and protection.
Term
judicial activism
Definition
When judges put their personal views into judgments, this is known as:
Term
True
Definition
T/F According to the Charter all federal laws and government services must be available in French and English.
Term
False
Definition
T/F According to the Charter, English is the official language of Canada.
Term
criminal
Definition
Prosecuting the accused, preventing of further crime, and punishing the guilty party are all emphasized in this type of law.
Term
actus reus
Definition
The guilty act
Term
Intent
Definition
The accused’s state of mind when purposely committing a crime.
Term
circumstantial evidence or indirect
Definition
Motive is considered what kind of evidence in a court of law?
Term
attempt
Definition
An act done with the intent to commit a criminal offence but without success.
Term
organized crime
Definition
A group that opposes authority and engages in ongoing criminal activity.
Term
provincial
Definition
The criminal division of this court arraigns the accused,
hold preliminary hearings, and prosecutes summary offences.
Term
Federal
Definition
Government that has the power to make criminal laws.
Term
federal
Definition
Court hears legal disputes that involve the federal government.
Term
supreme
Definition
The court that hears appeals from the provincial appeal courts.
Term
federal
Definition
In Canada, the RCMP is the police force at which level of government?
Term
Police
Definition
The conduct of this group of people is controlled legislatively, judicially, and constitutionally.
Term
True
Definition
T/F Extensive body searches (such as body cavity searches) must be carried out by police officers who are the same sex as the accused.
Term
True
Definition
T/F Someone who is charged with committing a crime has the right to obtain a lawyer without delay.
Term
Charter
Definition
The document which explains the legal rights of citizens who are arrested or detained,
Term
legal aid
Definition
A legal service that is paid for by taxpayers.
Term
reverse onus
Definition
When the burden of proof is placed on the defence rather than the Crown.
Term
biometrics
Definition
Identifying individuals by measuring their physical feature.
Term
preliminary
Definition
At a _________________ trial the defence does not need to present evidence but can cross-examine the Crown witnesses.
Term
first-degree
Definition
A murder is planned in advance and deliberate.
Term
3
Definition
There are ___ levels of assault recognized in the Criminal Code.
Term
legal under certain conditions
Definition
Current legal status of medically assisted dying as of June 6, 2016.
Term
2
Definition
Level of assault that causes bodily harm.
Term
10
Definition
Maximum prison sentence in years for anyone found guilty of abducting a child.
Term
Property
Definition
Break and enter, arson, and theft are all examples of this type of crime.
Term
True
Definition
T/F Under the Criminal Code, the penalty for street racing offences are harsher than that for dangerous operation of a motor vehicle and criminal negligence.
Term
14
Definition
Penalty (in years) for street racing that causes bodily harm.
Term
life
Definition
Penalty for street racing that causes death.
Term
suspension
Definition
Penalty for street racing regarding driving licences.
Term
False
Definition
T/F The Anti-Terrorism Act permits interrogation techniques that may violate human rights conventions.
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