Legal Systems Overview
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Questions and Answers

What is the penalty for contraventions?

  • Minor prison sentences
  • Mandatory community service
  • Fines (correct)
  • Imprisonment with hard labor
  • Which category of crime includes the severest penalties?

  • Contraventions
  • Felonies (correct)
  • Délits
  • Misdemeanors
  • What distinguishes a felony from a misdemeanor?

  • Felonies are considered less serious than misdemeanors
  • Misdemeanors are generally punishable by fines or imprisonment (correct)
  • Felonies are always tried in summary court
  • Misdemeanors are punishable by more severe penalties
  • How are felonies categorized in the UK?

    <p>As indictable offenses</p> Signup and view all the answers

    What are the penalties typically associated with crimes categorized as Délits?

    <p>Minor prison sentences</p> Signup and view all the answers

    In which countries are criminal codes primarily used?

    <p>Civil law countries</p> Signup and view all the answers

    What distinguishes the role of judges in common law countries from that in civil law countries?

    <p>Judges interpret case law primarily.</p> Signup and view all the answers

    Which of the following statements about the United States criminal law system is true?

    <p>The individual states have their own criminal codes.</p> Signup and view all the answers

    What was the significance of the Criminal Code enacted in Canada in 1892?

    <p>It was the first code enforced in a self-governing jurisdiction in the British empire.</p> Signup and view all the answers

    Which of the following statements is a characteristic of civil law countries?

    <p>They have a codified legal system.</p> Signup and view all the answers

    Study Notes

    • Civil law countries: Most European and Latin American countries, as well as many countries in Africa and Asia, use criminal codes. France uses the "code pénal".

    • Common law countries: English-speaking countries use statutes and case law. England has an uncodified system, meaning English criminal law is a collection of statutes and general principles mainly from court decisions.

    Criminal Law in Specific Countries

    • Canada: Has a federal criminal code (1892), "the national code for the whole country". The Criminal Code was made law in 1892 by the Parliament of Canada in accordance with the Constitution Act of 1867, which gives the federal government power to make criminal laws and enforce them in self-governing jurisdictions in the British Empire.

    • Australia: Has a federal code plus state-based codes. The 8 Australian states and territories have powers to enact their own criminal laws. The Commonwealth also has the power to enact laws.

    • US: American criminal law is primarily a matter for the individual states in contrast to Canada. The 50 states have their own criminal codes. There were attempts to make a federal code (the 1962 Model Penal Code), but it was never enacted completely but influenced state codes. Title 18 of the US code deals with federal crime and criminal procedures.

    Role of Judges

    • Judges apply the law as it is written (central role of the legislature in developing the legal code).

    • Judicial review: Judges interpret statutes or the constitution deriving from judicial interpretations of legislative statutes or the constitution.

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    Description

    This quiz explores the differences between civil law and common law systems, highlighting how various countries, such as Canada and Australia, implement their criminal laws. Understand the characteristics of criminal codes and how they apply in different jurisdictions around the world.

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