Federal Law and Common Law

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Questions and Answers

What is the primary purpose of a criminal information?

To provide evidence against the accused

To notify the accused of their rights

To detain a person without a warrant

To initiate a charge against the accused (correct)

What are the three classifications of offences?

Summary Conviction, Hybrid, Indictable

Summary Conviction, Indictable, Preliminary (correct)

Summary Conviction, Hybrid, Preliminary

Summary Conviction, Hybrid, Dual procedure

What must be proven in a criminal case?

Place of the offence

Identity of the accused

Facts in issue (TIPP)

Elements of the offence (correct)

What is the time limit to initiate a charge for a summary conviction offence?

Six months after the offence date Signup and view all the answers

What is the definition of peace officer?

A justice of the peace Signup and view all the answers

What is psychological detention?

A suspension of a person's liberty Signup and view all the answers

What is required to make an arrest?

Intent to detain Signup and view all the answers

Are rights and freedoms under the Charter absolute?

False Signup and view all the answers

What must an arresting officer have in order to make an arrest?

Reasonable grounds Signup and view all the answers

What does 'finds committing' mean in the context of arrest?

Seeing a person commit an offence and immediately pursuing them Signup and view all the answers

What is a violation of any federal law?

A criminal offence Signup and view all the answers

For the purposes of arrest, what are dual procedure offences considered?

Indictable offences Signup and view all the answers

What does S.24(2) of the Charter of Rights and Freedoms deal with?

The exclusion of evidence Signup and view all the answers

What is the right of a person upon arrest or detention?

To be informed promptly of the reason and right to retain counsel Signup and view all the answers

What is the right of a person under S.11(b) of the Charter of Rights and Freedoms?

To be tried within a reasonable time Signup and view all the answers

What is the right of a person under S.8 of the Charter of Rights and Freedoms?

To be secure against unreasonable search or seizure Signup and view all the answers

Study Notes

Federal Law

Law refers to rules that protect everyone's rights.

Common Law

Common Law is early traditional law that is not written down.

Summary Conviction Offences

A charge for a summary conviction offence must be initiated within six months after the offence date.

Criminal Information

A criminal information is a document sworn to that initiates the charge against the accused.

Classification of Offences

There are three classifications of offences: Summary Conviction, Hybrid, and Indictable.

Elements of Offence

Everything that must be proved after deciding to charge a person is called the elements of offence.

Rights and Freedoms

Rights and Freedoms under the Charter are not absolute.

Peace Officer

The definition of peace officer includes a justice of the peace and an auxiliary officer with the police service.

Psychological Detention

Psychological Detention is a suspension of a person's individual liberty by psychological restraint.

Arrest

An arrest is accomplished when you take or get physical control of someone with the intent to detain.
An arresting officer must have reasonable grounds on which to base the arrest, and those grounds must be justifiable from an objective point of view.

Suspicious Circumstances

Suspicious circumstances will not always be enough to satisfy reasonable grounds.

Finds Committing

Finds committing means having reasonable grounds to believe a person has committed an offence and immediately/continuously pursuing them.

Criminal Offence

A criminal offence is a violation of any federal law.

Dual Procedure Offences

For the purposes of arrest, all dual procedure offences will be considered indictable.

Charter of Rights and Freedoms

S.24(2) of the Charter of Rights and Freedoms deals with the exclusion of evidence.
S.11(b) states a person must be tried within a reasonable time.
Everyone has the right upon arrest or detention to be informed promptly of the reason and their right to retain and instruct counsel without delay.
Everyone has the right to be secure against unreasonable search or seizure.

Self Defense

S.35 CC refers to self-defense.

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Description

This quiz covers basic concepts of federal law and common law, including definitions, types, and characteristics. It also touches on criminal law and legal procedures.