C R I M I N A L L AW , T O RT S

LAW 12 FINAL REVIEW #2

MISC Negligence

Sentencing &

release

Trial procedure

s

Arrest Criminal code

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What type of consideration is not legally binding?

A: past consideration

A consumer can legally do all but one of the following with unsolicited goods? Which one can the consumer not do?

a. use them without payingb. refuse themc. forget and never use themd. return them with outraged letter

A: a

A licenced driver can be prohibited from driving under which of circumstances?

a.refusing to provide a breath sample

b.driving while impairedc.driving with a blood-alcohol level

over 80

Canada recognizes which classes of murder

first and second degree

A threat can be an assault if

the threat could be carried out when made

Consent is not a defence to sexual assault where the victim is under 16 years of age, unless the accused

is less than 3 years older than victim

The RCMP are the provincial police force in which jurisdictions?

all provinces but Ontario and Quebec

An appearance notice gives what pieces of information

a.time of court appearanceb.offence with which the

accused is chargedc.place of court appearance

If police break rules of police conduct they can be

a.charged under criminal lawb.sued under civil law

To be legally binding, a contract must have all but one of the following elements. Which one is not an element

a. offer and acceptance c. considerationb. moral obligation d. consent

A: b

Which of the following is the best defense to a lawsuit for defamation?

A: truth

A store detective who is accused of trespass to person while arresting a shoplifter is most likely to claim which of the following defences?

A: legal authority

Employees of bars and taverns are legally entitled to do what to prevent customers from driving while intoxicated?

A: Call the police, refuse to serve more drinks, call a taxi

If a fan is struck and injured by the puck at a hockey game, and sues, the defendant will probably use the defense of?

A: voluntary assumption of risk

If the plaintiff was not wearing a seat belt, what defence might the defendant use?

A: Contributory negligence

Alternative dispute resolution (ADR) includes the following methods.

negotiationmediationarbitration

The most common use of injunctions is to

A: Make strikers go back to work.

In a civil case, the formula that describes how the plaintiff must prove the case is which of the following?

A: on the balance of probabilities

The main purpose of civil law is to

A: compensate victims

Tort actions in civil law can contain all but one of the following elements. Which one is not an issue in tort law?

a. rehabilitation c. deterrenceb. punishment d. compensation

A: a

A court order requiring a person to keep the peace and be of good behaviour is called a

Peace Bond

Under the Criminal Code, the maximum fine for summary offences committed by individuals is

$2000.00

The maximum fine for indictable offences is

A: No maximum limit

The maximum imprisonment for most summary conviction offences is

A: 6 months

If a sentence is less than two years and the crime carries no minimum sentence, the judge may impose a(n)

A: Conditional sentence

The amount of time that the convicted accused is allowed to apply for an appeal is generally

A: 30 days

A sentence that gives the accused a chance to avoid a criminal conviction if certain conditions are met is called a(n)

A: Conditional discharge

A: d

3 main goals of sentencing 

RehabilitationDeterrenceSegregation

Victims of crime may have which roles our regular justice system?

a.Read impact statementsb.Act as a witness at the trial

The purpose of cross examination of a witness

To bring in to doubt the credibility of the witness or evidence (establishing reasonable doubt)

In a courtroom, who is least likely to be impressed by dramatic rhetoric?

A: Judge

The defense of "legal duty" to a charge involving assault means

The law permits the use of force as part of their job/ position

A witness who fails to attend a trial to give evidence may be found guilty of

A: contempt of court

The most important aspect of witness testimony is

Credibility

A voir dire is held to determine

if evidence can be shown to a jury

In terms of reliability, eyewitness accounts are considered to be

Worth having but not the most reliable

Which of the following is not a type of challenge that can eliminate prospective jurors?

a) Challenge of proceedingsb) Challenge for causec) Peremptory challenged) Challenge to the jury list

a.

If a jury cannot reach a verdict, the following options are available to the judge?

Ask the jury to continueNew trial with a new jury

In a first-degree murder trial, how many jurors can be challenged by either side with no reason given?

20 yrs

If a police officer insists on questioning or searching a reluctant individual, that person should do which of the followinga.demand to see a lawyerb.write down the officer's

badge number

The police are permitted to apply force that causes death if

it protects others from bodily harm

Someone who is charged with committing a crime has the right to

obtain a lawyer without delay

The police can use a search warrant at a residence on the date indicated between

6:00 a.m. and 9:00 p.m.

At a preliminary hearing, the defence does not need to call evidence but can

cross-examine Crown witnesses

When police officers arrive at the scene of a crime, their first job is to

call an ambulance and assist injured people, if any, at the scene.

The police log is used to

record what the officer has witnessed or learned at the crime scene

A chain of custody must include

a record of who had contact with the evidence

The Supreme Court of Canada has ruled that strip searches should be conducted

a. when the police have reason to believe the accused is concealing a weapon, drugs, or other evidence

b. by officers of the same sexc. only by qualified medical personnel (for body

cavity searches)

Operating a motor vehicle while impaired and refusing to provide a breath or blood sample are examples of

hybrid offences

Robbery involves the included offence of

theft

Laws must be worded carefully for which of the following reasons?

a.Prevent wrongful arrestb.To avoid failure to convict

the guilty

The mens rea (guilty mind) of sexual assault can rest on

a.Avoiding asking for consentb.Knowledge that there was no

consentc.recklessness

Brynn owns a car whose serial numbers have been removed. What will the law presume about Brynn's car?

The car was obtain via an indictable offence

In 2001, regulations under the Controlled Drugs and Substances Act were amended to permit patients with what conditions to grow marijuana?

a.Chronic painb.Terminal illnessc.Chronic condition

If a person accepts gifts over $1000 value from someone else, knowing that the gifts were obtained from trafficking, the maximum penalty is

10 yrs

The Criminal Code authorizes the police to stop and search a person for drugs in a public place if they have

Reasonable grounds

If you are involved in a motor vehicle accident, you must

Stop at the scene, give the other party your name and address, provide assistance.

The term "colour of right" may be defined as

the honest belief that a person has a legal right to the article in question

The Criminal Code specifies that (who)can be charged with the offence of soliciting

both the prostitute and the client