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Questions and Answers
Which of the following BEST describes the difference between "mens rea" and "actus reus"?
Which of the following BEST describes the difference between "mens rea" and "actus reus"?
Which of the following is NOT a classification of criminal offenses based on severity and available punishment?
Which of the following is NOT a classification of criminal offenses based on severity and available punishment?
What is the role of an Aider in the commission of a crime?
What is the role of an Aider in the commission of a crime?
What does "wilful blindness" refer to in legal context?
What does "wilful blindness" refer to in legal context?
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Which of the following BEST defines "recklessness" in legal terms?
Which of the following BEST defines "recklessness" in legal terms?
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What is the significance of precedent in legal proceedings?
What is the significance of precedent in legal proceedings?
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Which of the following scenarios exemplifies an "Omission" as a legal concept?
Which of the following scenarios exemplifies an "Omission" as a legal concept?
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Which of the following describes the role of an "Accessory After the Fact" in a crime?
Which of the following describes the role of an "Accessory After the Fact" in a crime?
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What is the maximum punishment for indictable crimes?
What is the maximum punishment for indictable crimes?
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What type of crime would theft under $5000 be classified as?
What type of crime would theft under $5000 be classified as?
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Which weapon type requires a license and has major restrictions?
Which weapon type requires a license and has major restrictions?
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At what age can a person give consent with a 2-year range?
At what age can a person give consent with a 2-year range?
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For which of the following crimes is the maximum punishment 6 months?
For which of the following crimes is the maximum punishment 6 months?
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Which of the following is classified as a prohibited weapon?
Which of the following is classified as a prohibited weapon?
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What is a key feature of the intoxilyzer device?
What is a key feature of the intoxilyzer device?
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What is a characteristic of consent at the age of 16?
What is a characteristic of consent at the age of 16?
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Signup and view all the answers
Study Notes
Legal Terminology Definitions
- Criminal v. Private Law: Criminal law addresses offenses against the state, while Private law deals with disputes between individuals or entities.
- Mens rea/Actus Reus: Mens rea refers to the mental intent to commit a crime, while actus reus is the physical action.
- Precedent: Law based on previous court decisions to maintain consistency and predictability.
- Principal Actor: The person who physically carries out the crime, which can involve multiple people.
- Aider/Abettor: Someone who helps the principal actor, either by encouraging or assisting.
- Accessory After the Fact: Someone who helps the principal actor after the crime.
- Wilful Blindness: Avoiding knowledge of illegal activity, intending to ignorance. This might lead to legal liabilities.
- Omission: Failure to act when you are legally obligated.
- Recklessness: Consciously taking risks that could lead to harm.
- Motive: The reason behind committing a crime. Motive does not determine guilt, but is a factor.
- Summary/Hybrid/Indictable: Categories of crime based on severity and punishment.
Criminal Definitions
- Intoxicated: Relating to the use of a breathalyzer device to measure blood alcohol concentration.
- Prohibited Items: Weapons, certain types of gas/spray, and explosives are banned by law.
- Restricted Items: Requires licenses and restrictions (some examples given include semi-automatics, handguns, etc).
- Summary Offense: Less serious offenses with simpler procedures, lower penalties.
- Hybrid Offense: Can be prosecuted as either summary or indictable, depending on the prosecutor's discretion.
- Indictable Offense: More serious offenses often leading to longer sentences and a more formal court process.
Ages of Consent
- Consent: Must be freely given, and can be withdrawn.
- Intoxication: Intoxication can nullify consent.
- Age Ranges Different age ranges determine different levels of consent for those under 18.
Offenses
- Sexual Assault: Non-consensual sexual contact or activity.
- Fraud: Intentional deception.
- Theft Under/Over: Theft distinctions based on property value.
- Robbery: Unlawful taking of property using force.
- Paul Bernardo: Notorious Canadian criminal involved in crimes.
- Karla Homolka: Involved in crimes with Paul Bernardo.
- Capital Punishment: The death penalty.
- Homicide: The killing of one person by another.
- Manslaughter: Unlawful killing without malice aforethought (often impulsive).
- Perjury: Intentional violation of an oath—telling a lie in court.
- YCJA (Youth Criminal Justice Act): Legislation dealing with youth offenders.
- Intoxilyzer: A device to measure blood alcohol content.
- Prohibited Items: Includes auto weapons, tear gas/sprays, explosives, modified weapons, small handguns/hidden spring-loaded knives, and brass knuckles.
Additional details/Crimes
- Summary offenses: Least serious offenses (e.g., traffic violations).
- Hybrid offenses: Mid-range offenses (e.g., some theft offenses).
- Indictable offenses: Serious offenses (e.g., murder).
- Terms include Breaking and Entering, Theft, Assault, Battery, Driving Offenses, Duress, Self-defense, Intoxication, and Negligence. These offenses have specific legal definitions and may involve different legal consequences.
- R. v. Daviault and R. v. Parks: Cases about automatism and intoxication as possible defenses.
Police Powers
- Arrest: Detaining someone based on suspicion or evidence of involvement in criminal activity.
- Use of Force: Applying physical coercion by law enforcement, ranging from verbal commands to physical restraints. (with limitations).
- Citizen's Arrest: Private citizens detaining someone suspected of a crime until authorities arrive.
- Citizens Arrest specific laws/criteria: Includes specific legal criteria regarding the limitations of detaining someone.
Defenses
- Automatism: Involuntary actions due to a lack of conscious control.
- Duress: Committing crimes under threat of imminent harm or death.
- Self-Defense: Using reasonable force for self-protection or protection of others from immediate harm.
- Intoxication: Reduced criminal liability if the accused's mental state was impaired by alcohol or drugs preventing them from committing a crime with intent.
Additional Information
- Break and Enter: Unlawful entry into a building or property with intent to commit a crime.
- Sexual assault: Unwanted sexual contact or activity without consent.
- Fraud: Deliberately misleading someone for personal or financial gain.
- Theft: Taking something that belongs to another without consent.
- Robbery: Theft with force or violence.
Tort Law
- Punitive Damages: Financial rewards to penalize the defendant for egregious conduct, to deter similar action.
- Pecuniary Damages: Monetary compensation for quantifiable losses like medical expenses or lost wages.
- Allurement: Creating a situation that entices individuals (especially children) onto private property that could lead to injuries.
Family Law
- Tender Years Doctrine: The belief that young children are best cared for by their mothers. (being superseded by focus on the best interest of the child)
- Joint/Shared Custody: Both parents share major decisions for the child.
- Equalization of Assets: Spouses' division of marital property.
- Matrimonial Home: The family home, with special considerations during divorce/separation.
Human Rights
- Charter of Rights and Freedoms: Sets out fundamental rights and freedoms. (example sections discussed include 1, 7, 12, & 15 of the Charter).
- OHRC (Ontario Human Rights Commission): Regulates and enforces human rights in Ontario, Canada.
Other Key Information
- Peremptory Challenges: Excluding potential jurors without a specific reason (a key part of the jury selection process).
- Preliminary Hearing: A pre-trial proceeding to determine if enough evidence exists for a trial.
- Arraignment: Formal reading of charges to the accused and entering a plea.
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Description
Test your knowledge on essential legal terminology through this quiz focused on concepts like criminal law, mens rea, actus reus, and more. Enhance your understanding of legal principles and their applications in real-world scenarios.
