Podcast
Questions and Answers
What does the term 'mens rea' refer to in legal context?
What does the term 'mens rea' refer to in legal context?
Which of the following best describes a 'strict liability offence'?
Which of the following best describes a 'strict liability offence'?
Which type of discrimination is illegal in Ontario?
Which type of discrimination is illegal in Ontario?
What distinguishes a citizen's arrest from other types of arrests?
What distinguishes a citizen's arrest from other types of arrests?
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In which scenario is the 'habeas corpus' principle applicable?
In which scenario is the 'habeas corpus' principle applicable?
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What defines a quasi-criminal offense?
What defines a quasi-criminal offense?
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Which of the following accurately describes the YCJA (Youth Criminal Justice Act)?
Which of the following accurately describes the YCJA (Youth Criminal Justice Act)?
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What is the distinction between 'mistake of fact' and 'mistake of law'?
What is the distinction between 'mistake of fact' and 'mistake of law'?
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What does mens rea refer to in criminal law?
What does mens rea refer to in criminal law?
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Which of the following is true about double jeopardy?
Which of the following is true about double jeopardy?
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Which statement about provocation as a defense is accurate?
Which statement about provocation as a defense is accurate?
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What is recidivism?
What is recidivism?
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What is the maximum sentence for a crime in Canada?
What is the maximum sentence for a crime in Canada?
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What does a pre-sentence report provide?
What does a pre-sentence report provide?
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What characterizes a dangerous offender?
What characterizes a dangerous offender?
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What is the significance of the Notwithstanding Clause (S. 33)?
What is the significance of the Notwithstanding Clause (S. 33)?
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Flashcards
Defensive necessity
Defensive necessity
A legal defense where someone breaks the law in an emergency situation to protect themselves or others.
Habeas corpus
Habeas corpus
The right of a person who has been arrested to go before a judge to determine if the arrest was lawful.
Constitution Act
Constitution Act
The document that outlines the powers of the federal, provincial, and municipal governments in Canada.
Automatism
Automatism
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No mens rea in automatism
No mens rea in automatism
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Strict liability offence
Strict liability offence
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Intoxication defense
Intoxication defense
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Direct discrimination
Direct discrimination
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Double Jeopardy
Double Jeopardy
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Dangerous Offender
Dangerous Offender
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Pre-sentence Report
Pre-sentence Report
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Mens Rea
Mens Rea
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Provocation and Murder
Provocation and Murder
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Section 33 (Notwithstanding Clause)
Section 33 (Notwithstanding Clause)
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Ultra Vires
Ultra Vires
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Intra Vires
Intra Vires
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Study Notes
Citizen's Duty and Arrest
- Citizens have a duty to assist police officers with arrests.
Quebec Civil Code
- Quebec's laws are similar to French law.
Hammurabi's Code
- Old, strict laws.
Fundamental Freedoms
- Basic rights.
Centre vs. Perimeter
- Centre = crime scene, perimeter = surrounding area.
Levels of Government
- Federal, provincial, and municipal levels.
Constitution Act
- Defines government powers.
Automatism
- Acting without awareness (e.g., sleepwalking).
Charter Legal Rights
- Rights protected by the Charter.
Intoxication Defense
- Being drunk is not always a valid defense.
Mens Rea in Automatism
- No guilty mind required for automatism.
Length of Time for Federal/Provincial Offences
- Offences under 2 years fall under provincial law, exceeding 2 years fall under federal jurisdiction.
Direct Discrimination
- Clear and intentional unfair treatment.
Habeas Corpus
- Right to appear in court if imprisoned.
Mistake of Fact vs. Law
- Fact = incorrect information, Law = misunderstanding the rule.
Direct Evidence
- Witness directly observing the crime.
Quasi-Criminal Offences
- Minor crimes, such as speeding.
Citizen's Arrest
- Only permissible for serious (indictable) crimes.
Aiding and Abetting
- Participating in or encouraging criminal activity.
Provincial Police Forces
- Each province has its own police service.
Strict Liability Offences
- Defending oneself requires proof that negligence was absent.
Juries in Ontario
- Juries are used for serious cases in Ontario.
Summary, Hybrid, and Indictable Offences
- Different levels of crime severity.
Complainant vs. Respondent
- Complainant = accuser, Respondent = defendant
Types of Law
- Domestic, International, Public, Private
Charter & Human Rights
- Protection of the most important legal rights.
Prohibited Discrimination
- Certain discriminatory practices are illegal in Ontario.
Youth Criminal Justice Act (YCJA)
- Applies to individuals aged 12-17
Judge vs. Jury Trials
- Judge-only trials are often quicker.
Appearance Notice
- Document informing individuals of their court appearance time.
Defensive Necessity
- Legal defense for breaking the law during an emergency.
Private Law
- Deals with family matters and personal relationships.
Interveners
- Third parties involved in a case.
Jury System Origin
- Originated in Britain.
Mental Disorder in Criminal Law
- Mental state can impact criminal responsibility.
Provocation
- Not a defense for murder.
Pre-Sentence Report
- A report prepared by a probation officer before sentencing.
Double Jeopardy
- Can't be tried twice for the same crime.
Dangerous Offender
- Indefinite imprisonment for serious offenders.
Parties to an Offence
- Multiple individuals can be involved in a crime.
Recidivism
- Repeat criminal behaviour.
Maximum Sentence in Canada
- 25 years.
Insanity Defense
- Now referred to as "mental disorder."
Mens Rea/Mental Intent
- Mental intent required to commit a crime.
Infanticide
- Killing an infant.
Public Law
- Government and police actions.
Parole Board Considerations
- Personal opinions or media influence are not considered during Parole Board sessions.
Not a Charter Right
- Example: The right to property.
Another Name for Duress
- Compulsion.
Purpose of Sentencing
- Deterring future crime.
Prohibited Grounds of Discrimination
- Ontario Human Rights Code prohibits discrimination based on certain characteristics.
Purpose of a Preliminary Hearing
- Determines if sufficient evidence exists for a trial.
Magna Carta
- Says everyone is equal under the law.
Mitigating & Aggravating Factors
- Factors influencing the severity of a crime.
Great Laws of Manu
- Ancient Indian Laws.
S.33 (Notwithstanding Clause)
- Allows laws to be enacted despite conflicting with Charter rights (for a 5-year period).
Intra Vires vs. Ultra Vires
- Intra Vires = within government power, Ultra Vires = beyond government power (illegal).
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Description
This quiz covers essential legal concepts, including citizen duties, various legal codes, and fundamental freedoms. Topics range from the levels of government to specific defenses in law, such as intoxication and automatism. Test your knowledge on the framework that governs individual rights and societal protections.