2460105
Descripción
Test por Maria Capricano, actualizado hace más de 1 año
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Creado por Maria Capricano
hace más de 9 años
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Pregunta 1
Pregunta
A trial is about speaking the truth
Respuesta
- True
- False
Pregunta 2
Pregunta
Prior to the Charter of Rights and Freedoms, the balance was in favour of admissibility of evidence, no matter how it was obtained, as it was the best method for getting at the truth.
Respuesta
- True
- False
Pregunta 3
Pregunta
Since the Charter, the balance has swung towards protection of individual rights, and evidence that has been obtained contrary to certain Charter principles is often excluded, with unpredictable results.
Respuesta
- True
- False
Pregunta 4
Pregunta
Prior to the adoption of the Canadian Charter on Rights and Freedoms in 1982, the common law dealt with illegally or improperly obtained evidence in a very relaxed manner.
Respuesta
- True
- False
Pregunta 5
Pregunta
Basically, there WAS a rule of law or judicial discretion to exclude evidence because of the improper or illegal method by which it was obtained.
Respuesta
- True
- False
Pregunta 6
Pregunta
The general rule of admissibility was that all evidence was
Respuesta
-
relevant
-
probative
-
true
-
reliable
Pregunta 7
Pregunta
Once the Charter became law, the right to certain legal protections became the law of the land.
Respuesta
- True
- False
Pregunta 8
Pregunta
Everyone, EXCEPT a criminal suspect or an accused became entitled to the protection of the rights contained in the Charter.
Respuesta
- True
- False
Pregunta 9
Pregunta
What two things are still hotly debated in legal circles concerning evidence?
Respuesta
-
how an accused should be treated in jail
-
how many years should an accused receive for manslaughter
-
balancing of the rights of the individual
-
seeking the truth
Pregunta 10
Pregunta
Which sections of the Charter of Rights and Freedoms contain Legal Rights?
Respuesta
-
sections 24-32
-
sections 19-23
-
sections 7-14
Pregunta 11
Pregunta
Which section says "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
Respuesta
-
s.9
-
s.8
-
s.11
-
s.7
Pregunta 12
Pregunta
Which is the search or seizure section?
Respuesta
-
s.9
-
s.6
-
s.8
-
s.0
Pregunta 13
Pregunta
Everyone has the right not to be arbitrarily detained or imprisoned says which section?
Respuesta
-
s.9
-
s.2
-
s.12
-
s.10
Pregunta 14
Pregunta
Everyone has the right on arrest or detention to:
Respuesta
-
be promptly informed of the reason for arrest/detention
-
retain and instruct counsel without delay and to be informed of that right
-
call their mom and tell them that they have just been arrested
-
have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
Pregunta 15
Pregunta
Which section deals with unreasonable delay, reasonable time, not to be compelled and presumption of innocence until proven guilty?
Respuesta
-
s.11
-
s.9
-
s.19
-
s.1
Pregunta 16
Pregunta
Cruel and unusual punishment is covered by which section?
Respuesta
-
s.14
-
s.4
-
s.8
-
s.12
Pregunta 17
Pregunta
Incriminating evidence is covered in section 13:
Respuesta
- True
- False
Pregunta 18
Pregunta
If I don't speak English or French I cannot get someone to help me in court
Respuesta
- True
- False
Pregunta 19
Pregunta
Section 14 deals with foreign languages and people who are hearing impaired.
Respuesta
- True
- False
Pregunta 20
Pregunta
The exclusion of illegally or improperly obtained evidence is an EXTREMELY POWERFUL REMEDY for the violation of constitutional rights.
Respuesta
- True
- False
Pregunta 21
Pregunta
Section 24(2) contains the remedy for exclusion of improperly obtained evidence.
Respuesta
- True
- False
Pregunta 22
Pregunta
What is likely to happen if it is found that the admission of evidence obtained in violation of an accused person's Charter rights?
Respuesta
-
He could be imprisoned
-
He could be flogged
-
Case could be dismissed
-
He could receive 25 years
Pregunta 23
Pregunta
The exclusionary rule is NOT controversial at all in Canada.
Respuesta
- True
- False
Pregunta 24
Pregunta
Section 24(1) deals with Enforcement
Respuesta
- True
- False
Pregunta 25
Pregunta
For the defence to seek the right to an effective remedy such as exclusion of illegally or improperly obtained evidence, the defence must prove
Respuesta
-
that the accused's rights or freedoms have been infringed or denied
-
that the evidence was obtained in a manner that infringed or denied that right or freedom
-
that they used force
-
that they threatened the accused
Pregunta 26
Pregunta
The Plaintiff bears the initial burden of presenting evidence and of persuading the judge, on the civil standard of balance of probabilities that a violation of the accused's Charter rights occurred that could not be saved by s.1, the Oakes Test.
Respuesta
- True
- False
Pregunta 27
Pregunta
The first opportunity the Supreme Court of Canada had to analyze s.24(2) and provide guidance to trial judges on its application was in 1987 in the case of
Respuesta
-
R. v. Mohan
-
R. v. Khan
-
R. v. Collins
-
R. v. Baldree
Pregunta 28
Pregunta
What were the grounds of defence in the R. v. Collins case?
Respuesta
-
search took place without a warrant
-
no reasonable grounds
-
without identifying the officer
Pregunta 29
Pregunta
Which section of the Charter did they claim was violated?
Respuesta
-
s.9
-
s.6
-
s.8
-
s.1
Pregunta 30
Pregunta
In the R. v. Collins matter the court of first instance held that
Respuesta
-
there was a violation of Charter rights, and she was set free
-
there was no violation of Charter rights, but she was convicted
-
there was a violation of Charter rights, but she was convicted
Pregunta 31
Pregunta
In the Collins matter, the Court of Appeal upheld the conviction but this was overturned by the Supreme Court
Respuesta
- True
- False
Pregunta 32
Pregunta
The Collins test had 9 criteria for deciding the admissibility or exclusion of improperly obtained evidence.
Respuesta
- True
- False
Pregunta 33
Pregunta
What are the three categories into which the 9 criteria are divided?
Respuesta
-
Fairness at Trial
-
Seriousness of the Violation
-
How many persons were convicted
-
Effect of exclusion
Pregunta 34
Pregunta
Name 6 of the Collins criteria
Respuesta
-
What kind of evidence was obtained?
-
What Charter rights were infringed?
-
Was the violation serious or technical?
-
Was the violation deliberate or inadvertent?
-
Were the circumstances urgent or necessary?
-
is the offence serious?
-
Was anyone else looking?
Pregunta 35
Pregunta
The Collins test was replaced by another in 1997. What was the name of that case?
Respuesta
-
R. v. Stinchombe
-
R. v. Baldree
-
R. v. Khan
-
R. v. Stillman
Pregunta 36
Pregunta
Why did the Supreme Court look for another case? The Collins test was considered:
Respuesta
-
confusing and complicated
-
hard and compelling
-
vague and misleading
-
too easy to understand and apply
Pregunta 37
Pregunta
Intervenors were NOT allowed in the Stillman case
Respuesta
- True
- False
Pregunta 38
Pregunta
Mr. Stillman willingly gave the police hair, buccal swab and teeth impressions.
Respuesta
- True
- False
Pregunta 39
Pregunta
Mr. Stillman was set free by both the court of first instance and the Court of Appeal
Respuesta
- True
- False
Pregunta 40
Pregunta
Conscriptive Evidence is evidence that could NOT be collected without the accused person's participation.
Respuesta
- True
- False
Pregunta 41
Pregunta
Non-conscriptive Evidence is evidence that COULD be collected without the accused person's participation.
Respuesta
- True
- False
Pregunta 42
Pregunta
In the Stillman case, the bodily samples were NOT real evidence even though the accused had been compelled by the produce.
Respuesta
- True
- False
Pregunta 43
Pregunta
Examples of conscriptive evidence would be
Respuesta
-
forced confession
-
DNA sample
-
a gun
Pregunta 44
Pregunta
Examples of non-conscriptive evidence would be
Respuesta
-
a buccal swab
-
hair follicles
-
a gun
-
drugs
Pregunta 45
Pregunta
What other factors did the court list to support the fact that the evidence was improperly obtained?
Respuesta
-
the breach was very serious
-
the police used threat of force and intrusive measures
-
there was a blatant disregard of the lawyer's letter and ignored the fundamental rights of the youth
-
they did not ask the youth nicely
Pregunta 46
Pregunta
The tissue was not conscripted evidence because the police FORCED the accused to produce it.
Respuesta
- True
- False
Pregunta 47
Pregunta
The tissue in Stillman's case was admissible.
Respuesta
- True
- False
Pregunta 48
Pregunta
The wording of section 24(2) calls for a review of all the circumstances and what appears to be recommended by many of the academics is the return to the balancing as initially envisioned by the drafters of the Charter. The Stillman approach was criticized for not providing this balance.
Respuesta
- True
- False
Pregunta 49
Pregunta
The Stillman case was replaced by the R. v. Grant case in 2009.
Respuesta
- True
- False
Pregunta 50
Pregunta
Before the 2009 decision in R. v. Grant, the distinction between conscriptive and non-conscriptive evidence was really important.
Respuesta
- True
- False
Pregunta 51
Pregunta
If the evidence was classified as conscriptive, it was almost certainly excluded pursuant to s24(2) of the Charter because the law held that admitting conscriptive evidence obtained in violation of the accused's Charter rights made the trial unfair.
Respuesta
- True
- False
Pregunta 52
Pregunta
What were the concerns raised in light of the 2009 Grant case?
Respuesta
-
that the jurisprudence developed a quasi-automatic exclusionary rule
-
that the courts appear to distinguish between a hierarchy of rights rather than a balance of rights
-
that the accused had no rights
Pregunta 53
Pregunta
A criminal action is started by laying an information.
Respuesta
- True
- False
Pregunta 54
Pregunta
The two types of evidence are
Respuesta
-
Direct
-
Indirect
-
Oral
-
Audio
Pregunta 55
Pregunta
Indirect Evidence is also called:
Respuesta
-
Documentary
-
Real
-
Circumstantial
Pregunta 56
Pregunta
Evidence can be introduced in one of three ways.
Respuesta
- True
- False
Pregunta 57
Pregunta
Which of the following ways is NOT a way that evidence can be introduced into court:
Respuesta
-
Directly
-
Orally
-
Documentary
-
Real
Pregunta 58
Pregunta
Direct evidence can be Oral or Real
Respuesta
- True
- False
Pregunta 59
Pregunta
Oral evidence is the most common type of direct evidence.
Respuesta
- True
- False
Pregunta 60
Pregunta
Real evidence is only receivable if the following four criteria are met:
Respuesta
-
relevant to the matters in issue
-
identified as genuine, and therefore
-
authenticated, and be
-
connected tot he issues before the court
-
known by every body even the jury
Pregunta 61
Pregunta
Circumstantial Evidence is also known as Indirect Evidence
Respuesta
- True
- False
Pregunta 62
Pregunta
Circumstantial evidence does NOT require an inference to get from the evidence to a material fact.
Respuesta
- True
- False
Pregunta 63
Pregunta
A document must be authenticated by either
Respuesta
-
calling on the newspaper that printed it
-
calling the writer as a witness
-
calling a witness to the document's preparation, or
-
calling a handwriting expert or expert in typeface
Pregunta 64
Pregunta
There are three ways that courts assess the admissibility of photographs and videos
Respuesta
- True
- False
Pregunta 65
Pregunta
The three ways in which courts assess the admissibility of photographs and videos are
Respuesta
-
calling the witness
-
their accuracy
-
their fairness and absence of potential to mislead
-
verification of a witness that they are what they purport to be
Pregunta 66
Pregunta
Consciousness of Guilt is a term given to the behaviour of an accused that may be admitted as evidence that he was behaving in a guilty manner.
Respuesta
- True
- False
Pregunta 67
Pregunta
Subsequent Remediation or Repair is NOT the civil equivalent to consciousness of guilt.
Respuesta
- True
- False
Pregunta 68
Pregunta
The courts are careful about accepting evidence of subsequent repair for two main reasons:
Respuesta
-
evidence lacks relevance
-
it is argued on policy grounds that if evidence of subsequent remedial measures
-
everybody knows they did it
Pregunta 69
Pregunta
What is the best evidence rule?
Respuesta
-
...that secondary evidence, such as a copy or fax, will not be admissible if an original document exists
-
... that real evidence, such pictures of a gun or knife will not be admissible
Pregunta 70
Pregunta
Section 31.2(1)(2) of the Canadian Evidence Act is where provisions for the Best Evidence Rule is found
Respuesta
- True
- False
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