Legal Concepts and Rights Overview
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Questions and Answers

What does the term 'mens rea' refer to in legal context?

  • A defense mechanism in criminal law
  • The intention or knowledge of wrongdoing (correct)
  • The physical act of committing a crime
  • A classification of crimes based on severity
  • Which of the following best describes a 'strict liability offence'?

  • An offense that can only lead to civil penalties
  • An offense where negligence can be used as a defense
  • An offense requiring proof of intent to commit
  • An offense where the defendant is presumed guilty regardless of intent (correct)
  • Which type of discrimination is illegal in Ontario?

  • Indirect discrimination
  • Prohibited discrimination (correct)
  • Direct discrimination
  • Discrimination based on employment status
  • What distinguishes a citizen's arrest from other types of arrests?

    <p>It must be for a serious (indictable) crime (A)</p> Signup and view all the answers

    In which scenario is the 'habeas corpus' principle applicable?

    <p>To assert the right to appear in court if detained (A)</p> Signup and view all the answers

    What defines a quasi-criminal offense?

    <p>A minor crime subject to civil penalties (C)</p> Signup and view all the answers

    Which of the following accurately describes the YCJA (Youth Criminal Justice Act)?

    <p>Applies to ages 12-17 (C)</p> Signup and view all the answers

    What is the distinction between 'mistake of fact' and 'mistake of law'?

    <p>Mistake of fact involves incorrect information, while mistake of law involves misunderstanding a rule (D)</p> Signup and view all the answers

    What does mens rea refer to in criminal law?

    <p>The mental intent to commit a crime. (A)</p> Signup and view all the answers

    Which of the following is true about double jeopardy?

    <p>You cannot be charged twice for the same crime. (D)</p> Signup and view all the answers

    Which statement about provocation as a defense is accurate?

    <p>It is not a defense for murder. (D)</p> Signup and view all the answers

    What is recidivism?

    <p>The act of reoffending after a previous conviction. (D)</p> Signup and view all the answers

    What is the maximum sentence for a crime in Canada?

    <p>25 years. (A)</p> Signup and view all the answers

    What does a pre-sentence report provide?

    <p>An assessment made before sentencing by a probation officer. (D)</p> Signup and view all the answers

    What characterizes a dangerous offender?

    <p>A person who can be jailed indefinitely due to the severe nature of their crimes. (A)</p> Signup and view all the answers

    What is the significance of the Notwithstanding Clause (S. 33)?

    <p>It allows the government to pass laws contrary to the Charter for five years. (C)</p> Signup and view all the answers

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    Flashcards

    Defensive necessity

    A legal defense where someone breaks the law in an emergency situation to protect themselves or others.

    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

    The document that outlines the powers of the federal, provincial, and municipal governments in Canada.

    Automatism

    A legal defense that argues the accused was not criminally responsible because they were not in control of their actions due to a mental disorder.

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    No mens rea in automatism

    The accused must have a guilty mind (mens rea) for them to be found guilty of a crime. In automatism, the accused lacks this guilty mind, so they are usually not considered criminally responsible.

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    Strict liability offence

    An offense where the accused can defend themselves by proving they were not negligent.

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    Intoxication defense

    The accused must prove they were drunk and unable to form the intent to commit the crime. This defense is not always successful.

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    Direct discrimination

    A type of discrimination that is blatant and obvious, directly targeting a person or group based on protected grounds.

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    Double Jeopardy

    This legal concept states that an individual cannot be tried twice for the same crime. This means that if someone is acquitted or convicted of a crime, they cannot be tried again for the same offense.

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    Dangerous Offender

    A dangerous offender is a person who has been convicted of a serious crime and is deemed to pose a significant risk to public safety. They can be sentenced to an indefinite period of imprisonment, meaning they can be kept in prison beyond their initial sentence.

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    Pre-sentence Report

    A pre-sentence report is a document prepared by a probation officer that provides the court with information about the offender and their background. This information helps the judge make a fair and informed sentencing decision.

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    Mens Rea

    The mental element of a crime, referring to the accused's intention or knowledge when committing the offense. To prove a crime, the prosecution must demonstrate both mens rea and actus reus (the physical act).

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    Provocation and Murder

    The concept of provocation is not a defense for murder in Canadian law. This means that if someone is provoked into committing murder, they cannot use this as an excuse to avoid responsibility.

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    Section 33 (Notwithstanding Clause)

    This clause in the Canadian Charter of Rights and Freedoms allows the government to override certain Charter rights for a period of five years. It's controversial because it can limit fundamental freedoms.

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    Ultra Vires

    This legal term describes the situation where an act is beyond the legal power of a government or organization. It means that the act is illegal and invalid.

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    Intra Vires

    The word 'intra vires' is used in law to refer to an action that is within the scope of a government's or organization's power. This means that the act is lawful and valid.

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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).
    • 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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    Law Exam Review PDF

    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.

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