10937212
Descrição
Quiz por Alyssa Elligson, atualizado more than 1 year ago
|
|
Criado por Alyssa Elligson
aproximadamente 7 anos atrás
|
|
Questão 1
Questão
What is the legal definition of a crime?
Responda
-
conduct that is prohibited by law and subject to a penal sanction
-
an action that hurts someone else
-
imposing on the rights of others
-
enforced by police and judiciary
Questão 2
Questão
Criminal law is the entire set of principles, procedures, and rules established by government throughout the courts and criminal legislation in order to ensure public safety
Responda
- True
- False
Questão 3
Questão
[blank_start]Criminal[blank_end] Law:
-violation of [blank_start]public[blank_end] order, prosecuted by the state
-finding of [blank_start]guilt or innocence[blank_end]
-burden of proof: beyond a reasonable doubt
-results in criminal penalties (e.g. [blank_start]imprisonment[blank_end])
[blank_start]Civil[blank_end] Law:
-[blank_start]infringement[blank_end] of contract or rights of another citizen
-party who feels "wronged" - civil suit
-burden of proof: balance or probabilities
-results in an award of damages (e.g. [blank_start]monetary compensation[blank_end])
Responda
-
Criminal
-
Civil Law
-
Court
-
public
-
social
-
independent
-
guilt or innocence
-
right or wrong
-
imprisonment
-
acquittal
-
Civil
-
Criminal Law
-
infringement
-
supporting
-
adopting
-
monetary compensation
-
imprisonment
-
free stuff
Questão 4
Questão
What are the 3 purposes of Criminal law?
Responda
-
Deterrence- discourage individual offenders (specific deterrence) and members of general public (general deterrence) from offending
-
Restitution
-
Retribution- punishment
-
Denunciation-criminal behaviour is socially unacceptable and wrong
-
Courts- innocence or guilt
Questão 5
Questão
Where does criminal law come from in Canada?
1. L[blank_start]egislation[blank_end]
2. j[blank_start]udicial decisions[blank_end]
Responda
-
egislation
-
udicial decisions
Questão 6
Questão
Constitution Act of 1867:
Responda
-
Parliament has exclusive jurisdiction over criminal law & procedures
-
Federal legislation law
-
Supreme Court of Canada ruled that a criminal law passed by the federal government must be directed against a "public evil" or some form of behaviour that has an injurious effect on the Canadian public
Questão 7
Questão
The criminal code of Canada:
Responda
-
First passed in 1892
-
defines criminal acts and the legal elements that must be present for a conviction
-
criminal procedures to be followed in prosecuting a case and the powers of CJS officials
-
is in charge of everything
Questão 8
Questão
Summary offences are:
Responda
-
Felonies- more serious offences (e.g. murder)
-
Misdemeanours- less serious offences (e.g. theft under $5,000)
-
generally result in max sentence of 6 months imprisonment or fine
-
involve preliminary hearing
Questão 9
Questão
Indictable Offences are:
Responda
-
Less serious offences
-
Felonies - e.g. murder
-
may result in long term imprisonment
-
involve preliminary hearing to determine if to proceed to trial
-
proceeds to trial in Provincial Court
Questão 10
Questão
Hybrid Offences:
Responda
-
A. can be proceeded by way of summary conviction or indictment
-
B. Crown prosecutor decides
-
C. both A and B
-
D. a mix of offences
Questão 11
Questão
Constitution Act:
Responda
-
developed in 1867
-
provinces have jurisdiction to enact legislation over health, education, highways, liquor control etc.
-
is important
Questão 12
Questão
Regulatory Legislation does not address "public evil", but is concerned with orderly regulation or legitimate activities
Responda
- True
- False
Questão 13
Questão
[blank_start]Common[blank_end] law is an english body of law defined through successive decisions by [blank_start]judges[blank_end]
Responda
-
Common
-
Criminal
-
English
-
courts
-
judges
-
police
-
crown attorney
Questão 14
Questão
Actus Reus includes 3 elements of crime:
Responda
-
Conduct
-
"material" circumstances
-
consequences of voluntary conduct
-
Prejury
-
involuntary conduct
Questão 15
Questão
Mens Rea Elements of Crime:
Responda
-
mental elements of crime (other than voluntariness)
-
must understand & intend the consequences of his/her actions
-
involuntary actions
Questão 16
Questão
most regulatory offences are considered offences of strict liability
Responda
- True
- False
Questão 17
Questão
Criminal Code section 21 says (1) anyone is a party to a crime who (1) actually commits crime, (2) [blank_start]aids[blank_end] another person to commit it, or (3) [blank_start]abets[blank_end] (encourages) any person to commit it
those who aid or abets are [blank_start]equally[blank_end] as guilty as those who actually commit it
Responda
-
aids
-
abets
-
equally
Questão 18
Questão
Inchoate Offences/Crime is:
Responda
-
when a person attempts to create a moral panic
-
when a person commits a less serious crime
-
when a person attempts to bring about a crime but is unsuccessful
-
when a person attempts to bring about a crime and is successful
Questão 19
Questão
3 types of criminal code inchoate offences:
Responda
-
criminal attempt - takes action that manifests intention to commit a crime
-
Conspiracy- enters into an agreement to help another with a crime
-
Crime control- controlling crime before it happens
-
Counselling- enticing another to commit a crime
Questão 20
Questão
A mental disorder as a defence to a criminal charge means the accused lacks the capacity to appreciate the nature of the act being committed
A not criminally responsible on account of mental disorder (NCRMD) accused may be granted:
1. an [blank_start]absolute[blank_end] discharge
2. a [blank_start]conditional[blank_end] discharge
3. an order holding them in custody in a [blank_start]psychiatric[blank_end] facility
Responda
-
absolute
-
conditional
-
psychiatric
Questão 21
Questão
General defences to a criminal charge: Mistake of fact is:
Responda
-
mistaking a criminal action as non criminal
-
ignorance of the law is not mistake of fact
-
the accused made an honest mistake that resulted in a crime
-
accused committed a crime knowingly
Questão 22
Questão
General defences to a criminal charge: Intoxication:
Responda
-
is a defence if it can be proved it prevented the accused from forming mens rea
-
may not be raised as a valid defence
-
unfair to convict if unable to form intent required for a specific offence
-
is automatically a valid defence
Questão 23
Questão
Necessity as a general defence to criminal charge:
Responda
-
A. says accused commits lesser evil of crime to avoid occurrence of greater evil
-
B. accused is considered to have acted involuntarily from a moral viewpoint
-
Both A and B
-
it is a necessity that the crime was committed at the time it was
Questão 24
Questão
General defence to criminal charge: Duress:
Responda
-
threats of violence
-
accused or their spouse / child must be subjected to a death threat or bodily harm
-
none of the above
Questão 25
Questão
General defence to criminal charge: Provocation:
Responda
-
if successful, results in manslaughter conviction
-
partial defence, raised only when charge is murder
-
general defence used commonly
-
accused must have killed in heat of passion caused by sudden provocation - has to be sufficient enough to deprive an ordinary person of self-control
Questão 26
Questão
General defence to criminal charge: Self -Defence:
Responda
-
no real evidence is needed to know it was self defence
-
accused must show evidence of unlawful, unprovoked assault , force used in self-defence was not intended to inflict death but to defend oneself
-
involves domestic violence (battered woman's syndrome)
-
self defence is common
Questão 27
Questão
Second most common sentence in Canada after probation is?
Responda
-
Custody (imprisonment)
-
fines
-
counselling
-
rehabilitation
Questão 28
Questão
the Charter of Rights and Freedoms (part of the 1982 constitution act):
Responda
-
restricts power of state and protects rights of individuals
-
right to restitution
-
right to life, liberty & freedom
-
right to security against unreasonable search & seizure
-
right to not be arbitrarily detained or imprisoned
Quer criar seus próprios Quizzes gratuitos com a GoConqr? Saiba mais.