Law Studies Review Final PDF

Chapter 5 – The police – investigation, arrest, and bringing accused to trial. Police Investigation Initiating an Investigation: o It begins after receiving a complaint, observing suspicious activity, or discovering evidence of a potential crime. o Polic...

Chapter 5 – The police – investigation, arrest, and bringing accused to trial. Police Investigation Initiating an Investigation: o It begins after receiving a complaint, observing suspicious activity, or discovering evidence of a potential crime. o Police gather evidence, interview witnesses, and may conduct surveillance. Search and Seizure: o Governed by the Charter of Rights and Freedoms, particularly Section 8, which protects against unreasonable searches and seizures. o Police typically need a warrant unless exceptions apply, such as consent, exigent circumstances, or evidence in plain view. Use of Forensics and Technology: o Forensic analysis (DNA, fingerprints) and technological tools (surveillance cameras, phone records) play key roles. 2. Arrest Legal Basis for Arrest: o An arrest occurs when there are reasonable grounds to believe the person has committed or is about to commit a crime. o Arrests may be made: ▪ With a Warrant: Obtained through a judicial process based on evidence. ▪ Without a Warrant: Allowed under Section 495 of the Criminal Code, such as for crimes in progress or when public safety is at risk. Rights of the Accused During Arrest: o Under Section 10 of the Charter, individuals have the right: ▪ To be informed promptly of the reason for their arrest. ▪ To retain and instruct counsel without delay (right to a lawyer). ▪ To be informed of the right to remain silent. o Habeas Corpus: The accused can challenge the lawfulness of detention. 3. Post-Arrest Procedures Detention and Bail: o If arrested, the accused must be brought before a justice of the peace or judge within 24 hours, or as soon as reasonably possible. o A bail hearing determines whether the accused will be released or held in custody until trial. o The Crown may oppose bail based on factors such as flight risk, risk to public safety, or potential interference with the case. Charges and Disclosure: o The accused is formally charged under the Criminal Code of Canada or relevant statutes. o The Crown must disclose all relevant evidence to the defense, including evidence that might support the accused's innocence. 4. Bringing the Accused to Trial Pre-Trial Processes: o Preliminary Inquiry: For serious indictable offenses, this hearing determines whether there is sufficient evidence to proceed to trial. o Plea Bargaining: Discussions between the Crown and defense may lead to reduced charges or agreed sentences. Trial: o Trials can be before a judge alone or a judge and jury, depending on the offense and the accused’s choice. o The Crown must prove guilt beyond a reasonable doubt. o The accused has the right to present a defense, cross-examine witnesses, and remain silent without their silence being held against them. Outcome: o If found guilty, sentencing is determined based on the offense, mitigating/aggravating factors, and Canadian sentencing principles. o If acquitted, the accused is released. Chapter 6 – trial procedures 1. Pre-Trial Preparations Disclosure: o The prosecution must provide all evidence, including exculpatory evidence, to the defense. o The defense reviews evidence and prepares its case. Motions: o Pre-trial motions may address issues like admissibility of evidence, constitutional violations, or requests to dismiss charges. Jury Selection (for jury trials): o Potential jurors are questioned to ensure impartiality through a process called voir dire. o Challenges (peremptory or for cause) can be used to exclude certain jurors. 2. Stages of the Trial A. Opening Statements Prosecution and defense present their case outlines to the court. The prosecution goes first, as it carries the burden of proof. B. Prosecution’s Case Presentation of Evidence: o Prosecution calls witnesses and submits evidence. o Witnesses are subject to direct examination by the prosecution and cross- examination by the defense. The goal is to establish guilt beyond a reasonable doubt. C. Defense’s Case The defense may choose to present evidence or witnesses but is not obligated to do so. Possible strategies include: o Challenging the credibility of prosecution evidence. o Presenting an affirmative defense (e.g., self-defense or alibi). o Arguing lack of intent or mistaken identity. D. Rebuttal and Surrebuttal The prosecution may introduce new evidence to counter the defense's case (rebuttal). The defense may respond with its own rebuttal evidence (surrebuttal). 3. Closing Arguments Both sides summarize their cases, emphasizing key evidence and legal points. The prosecution typically speaks first, followed by the defense. In some systems, the prosecution may have a final rebuttal. 4. Jury Instructions (for Jury Trials) The judge explains the applicable laws and standards to the jury. Jurors are instructed on how to evaluate evidence and reach a verdict. 5. Verdict Jury Deliberation (in jury trials): Jurors discuss and decide based on the evidence and legal instructions. Judge’s Decision (in bench trials): The judge issues the verdict based on the case's facts and law. Possible outcomes: o Guilty: Leads to sentencing. o Not Guilty: The accused is acquitted and released. o Hung Jury: If the jury cannot reach a unanimous decision, the case may be retried. 6. Sentencing (if found guilty) The judge imposes a sentence considering: o Statutory guidelines. o Aggravating or mitigating factors.  o Recommendations from the prosecution and defense. Sentencing options may include fines, probation, imprisonment, or community service. 7. Appeals The accused may appeal based on procedural errors, misapplication of the law, or insufficient evidence to support the verdict. Higher courts review the trial record and decide whether to uphold or overturn the decision. Chapter 9: From Sentencing to Release 1. Sentencing Purpose of Sentencing: o Sentencing aims to balance punishment, deterrence, rehabilitation, reparation, and public safety. o In Canada, this is guided by the Criminal Code (Section 718). Principles of Sentencing: o Proportionality: The sentence must be proportional to the gravity of the offense and the offender's culpability. o Consistency: Similar offenses should receive similar sentences. o Individualization: Factors unique to the offender (e.g., history, circumstances) are considered. Types of Sentences: o Absolute or Conditional Discharge: No criminal record (conditional discharge requires compliance with terms). o Fines: Payment of monetary penalties. o Probation: Supervised freedom with conditions. o Imprisonment: Custodial sentence served in provincial (under two years) or federal institutions (two years or more). o Restorative Justice Measures: Community-based solutions like restitution or reconciliation. o Conditional Sentences: Custodial sentences served in the community under strict conditions. 2. Factors Influencing Sentencing Aggravating Factors: o Elements that increase the severity of a sentence (e.g., violence, hate motivation, repeat offenses). Mitigating Factors: o Elements that reduce severity (e.g., remorse, first-time offender, cooperation with authorities). Pre-Sentence Reports: o Reports prepared by probation officers to provide insights into the offender’s background and suitability for rehabilitation. Victim Impact Statements: o Statements from victims describing the harm caused, influencing sentencing. 3. Serving the Sentence Custodial Sentences: o Offenders are assigned to provincial or federal institutions based on the length and nature of their sentence. o Institutions are classified as minimum, medium, or maximum security. Community Supervision: o For probation, conditional sentences, or parole, offenders are supervised in the community with conditions. 4. Parole and Conditional Release Eligibility: o Parole eligibility depends on the sentence length and type. Typically: ▪ 1/3 of the sentence served for federal inmates. ▪ Life sentences for murder: 10 to 25 years before parole eligibility. Types of Release: o Day Parole: Allows offenders to participate in community activities during the day. o Full Parole: Full release with conditions.  o Statutory Release: By law, offenders must be released after serving 2/3 of their sentence, except for dangerous offenders. Conditions: o Compliance with specific rules (e.g., reporting to a parole officer, staying in certain areas). o Violation of conditions can lead to parole revocation. 5. Dangerous and Long-Term Offenders Dangerous Offender Designation: o For individuals posing ongoing risks to society. o May result in an indeterminate sentence with no fixed release date. Long-Term Offender Designation: o Applied when an offender needs long-term supervision after release (up to 10 years). 6. Rehabilitation and Reintegration Rehabilitation Programs: o Aim to address factors contributing to criminal behavior (e.g., addiction treatment, education, vocational training). Reintegration into Society: o Transitional programs help offenders adapt post-release, reducing recidivism risks. 7. Appeals and Sentence Reviews Appeals: o Offenders may appeal their conviction or sentence to a higher court if procedural errors or injustices are identified. Judicial Review: o Certain offenders (e.g., life sentences) may request a review of parole eligibility after a set period. 8. End of Sentence Completion: o Upon completing their sentence, offenders are no longer under supervision unless they are long-term offenders. Record Implications: o A criminal record remains unless pardoned or sealed through processes like a record suspension in Canada. This chapter emphasizes the balance between punishment and rehabilitation, highlighting how the system prepares offenders for reintegration into society. Let me know if you'd like to dive deeper into any section! Here is a list of common vocabulary related to sentencing and release in criminal justice: 1. General Terms Sentencing: The judicial determination of a punishment for a convicted offender. Conviction: A formal declaration by a court that someone is guilty of a criminal offense. Custody: The detention of an individual by authorities. Rehabilitation: Programs aimed at reforming an offender to prevent future crimes. Recidivism: The tendency of a convicted criminal to reoffend after release. 2. Sentencing Terms Mitigating Factors: Circumstances that may lead to a reduced sentence (e.g., remorse, first-time offense). Aggravating Factors: Circumstances that increase the severity of a sentence (e.g., use of violence, repeat offenses). Indeterminate Sentence: A sentence with no fixed end date, often for dangerous offenders. Concurrent Sentence: Sentences for multiple offenses served at the same time. Consecutive Sentence: Sentences for multiple offenses served one after the other. Restitution: Compensation paid by the offender to the victim for harm caused. 3. Types of Sentences Absolute Discharge: The offender is found guilty but not penalized, and the offense is removed from their record after a set period. Conditional Discharge: The offender is released under conditions; failure to comply may lead to re-sentencing. Probation: A sentence allowing the offender to remain in the community under supervision and specific conditions. Parole: The supervised early release of a prisoner based on behavior and other factors. Statutory Release: Mandatory release after serving a portion of the sentence, except for certain offenders. 4. Release Terms Day Parole: Temporary supervised release during the day, requiring the offender to return to custody at night. Full Parole: Complete release under supervision, often with conditions like regular reporting. Conditions of Release: Rules the offender must follow (e.g., curfew, no-contact orders, attending rehabilitation programs). Halfway House: A transitional facility for offenders reintegrating into the community. 5. Legal and Administrative Terms Dangerous Offender: A designation for offenders posing significant risks to public safety, often resulting in an indeterminate sentence. Long-Term Offender: An offender requiring extended supervision after release due to the risk of reoffending. Pre-Sentence Report: A report prepared by probation officers to help the judge decide on sentencing, including details of the offender’s background. Victim Impact Statement: A statement by the victim describing the harm caused by the offender, considered during sentencing. 6. Appeals and Records Appeal: A request to a higher court to review the decision or sentence of a lower court. Record Suspension (Pardon): The formal removal of a criminal record from public access, often after a period of good behavior. Chapter 11 – Resolving Civil Disputes What is Civil Law? Civil law governs private disputes where one party believes another has caused harm or failed to fulfill a legal obligation. Examples include contract disputes, negligence claims, landlord-tenant disagreements, and family law issues. The purpose is to compensate the wrong party and resolve conflicts rather than punish the wrongdoer. Types of Civil Disputes Torts: Legal claims arising from harm caused by one party to another, including negligence, defamation, and trespass. Contracts: Disputes over agreements between parties, focusing on breach of terms or non-performance. Family Law: Matters such as divorce, child custody, and spousal support. Property Law: Conflicts over ownership, leases, or boundary disputes. The Civil Litigation Process Filing a Lawsuit: The plaintiff (person initiating the case) submits a statement of claim outlining the dispute. Statement of Defense: The defendant responds with their side of the story. Discovery Phase: Both sides exchange evidence and information to build their cases. Settlement: Many disputes are resolved through negotiation or mediation before reaching trial. Trial: If unresolved, the case goes to court, where a judge (and sometimes a jury) decides the outcome based on presented evidence.  Alternative Dispute Resolution (ADR) Negotiation: Informal discussions aimed at reaching a mutual agreement. Mediation: A neutral third party helps facilitate an agreement between the parties. Arbitration: A binding decision is made by an arbitrator based on the evidence presented. Civil Remedies Damages: Monetary compensation for losses, such as general damages (pain and suffering) or special damages (specific financial losses). Injunctions: Court orders requiring a party to do or stop doing something. Specific Performance: Requiring one party to fulfill their obligations under a contract. Costs and Implications Civil lawsuits can be expensive and time-consuming. Both parties often aim to avoid litigation through settlement or ADR to save time and money. Chapter 12 – Negligence and other torts Negligence: Definition: Negligence occurs when an individual fails to exercise reasonable care, resulting in harm to another person. Elements of Negligence: 1. Duty of Care: The defendant owed a legal duty to the plaintiff. 2. Breach of Duty: The defendant breached that duty through action or inaction. 3. Causation: The breach directly caused harm to the plaintiff. 4. Damages: The plaintiff suffered actual harm or loss. Defenses to Negligence: Contributory Negligence: The plaintiff may have contributed to their own harm.  Voluntary Assumption of Risk: The plaintiff knowingly and willingly assumed the risks associated with a particular activity. Inevitable Accident: The incident was unavoidable, even with reasonable care. Other Torts: Intentional Torts: Actions taken with the intent to harm, such as assault, battery, false imprisonment, and defamation. Strict Liability Torts: Liability imposed without fault, typically in cases involving inherently dangerous activities or defective products. Remedies in Tort Law: Compensatory Damages: Monetary compensation for actual losses suffered by the plaintiff. Punitive Damages: Additional sums awarded to punish the defendant for egregious conduct and deter future wrongdoing. Injunctions: Court orders requiring the defendant to do or refrain from doing a specific act. Questions that might be asked Section 1: Police Investigation and Arrest 1. When do police typically NOT require a warrant for a search? a) When evidence is in plain view b) When the accused refuses consent c) For surveillance activities d) For all searches 2. What is required for police to make a lawful arrest? a) Probable cause based on personal opinion b) Reasonable grounds to believe a crime has been or will be committed c) The presence of a defense attorney d) Approval from a judge 3. Which section of the Charter of Rights and Freedoms ensures the right to legal counsel during an arrest? a) Section 7 b) Section 8 c) Section 10 d) Section 12 Section 2: Trial Procedures 4. Who carries the burden of proof (reason to convict) in a criminal trial? a) The defense b) The Crown prosecution c) The jury d) The judge 5. In a jury trial, what is the primary purpose of voir dire? a) To question the credibility of witnesses b) To determine the admissibility of evidence c) To ensure the impartiality of jurors d) To select the judge for the case 6. What is the standard of proof required for a criminal conviction? a) Preponderance of evidence b) Clear and convincing evidence c) Beyond a reasonable doubt d) Probable cause Section 3: Sentencing and Release  7. Which of the following is NOT a principle of sentencing under the Criminal Code? a) Proportionality b) Consistency c) Revenge d) Individualization 8. What type of sentence involves supervision in the community with strict conditions instead of prison? a) Absolute discharge b) Probation c) Conditional sentence d) Full parole 9. Which designation may result in an indeterminate sentence with no fixed release date? a) Dangerous offender b) Long-term offender c) Repeat offender d) Federal offender 10. What percentage of a federal sentence must typically be served before parole eligibility? a) 1/4 b) 1/3 c) 2/3 d) 3/4 Section 4: Civil Disputes and Torts 11. Which of the following is an example of a tort (reason to lose something)? a) Breach of contract b) Defamation c) Sentencing dispute d) Judicial review 12. To establish negligence, which element is NOT required? a) Duty of care b) Intent to harm c) Breach of duty d) Causation  13. What is the legal term for a plaintiff knowingly accepting the risks of a particular activity? a) Contributory negligence b) Assumption of risk c) Inevitable accident d) Strict liability Section 5: Legal Vocabulary and Processes 14. What is the purpose of a victim impact statement? a) To present evidence against the accused b) To influence sentencing by describing harm caused c) To challenge the validity of the trial d) To dismiss charges against the accused 15. Which term describes a sentence served one after the other for multiple offenses? a) Concurrent sentence b) Indeterminate sentence c) Consecutive sentence d) Conditional sentence 16. What is the main goal of restorative justice measures? a) To extend the offender’s sentence b) To punish the offender c) To compensate and reconcile with the victim d) To expedite court proceedings Section 6: Appeals and Reviews 17. What are valid grounds for appealing a criminal conviction? a) Disagreement with the verdict b) A procedural error during the trial c) The judge’s tone during sentencing d) Dissatisfaction with parole conditions 18. What happens in the case of a hung jury? a) The accused is acquitted. b) The case must be retried.  c) The judge decides the verdict. d) The jury votes again until unanimous. 19. Which term describes the formal removal of a criminal record from public access? a) Parole b) Statutory release c) Record suspension d) Long-term offender designation 20. What is the final step of a criminal sentence? a) Judicial review b) Parole eligibility review c) Completion of the sentence d) Victim compensation Section 1: Police Investigation and Arrest (15 Questions) 4. Police must bring the accused before a justice of the peace or judge within: a) 48 hours b) 12 hours c) 24 hours d) 36 hours 5. What does Section 495 of the Criminal Code allow? a) Arrests only with a warrant b) Arrests without a warrant under specific circumstances c) The use of force in any arrest d) The detainment of individuals indefinitely 6. Which of the following is NOT a method of initiating an investigation? a) Observing suspicious activity b) Receiving a tip or complaint c) Prosecutorial direction to arrest someone d) Discovering evidence of a potential crime 7. What role does forensic analysis play in police investigations? a) Collecting witness statements b) Preventing unreasonable searches  c) Analyzing evidence like DNA and fingerprints d) Monitoring police misconduct 8. What is the purpose of a preliminary inquiry? a) To determine the accused's guilt or innocence b) To test the credibility of witnesses c) To assess if enough evidence exists for a trial d) To issue sentencing recommendations Section 2: Trial Procedures (15 Questions) 9. Which of the following is NOT part of pre-trial preparations? a) Disclosure of evidence b) Jury selection (if applicable) c) Filing pre-trial motions d) Issuing a verdict 10. During opening statements, the prosecution: a) Presents its evidence b) Summarizes its case c) Cross-examines defense witnesses d) Delivers the jury instructions 11. What is the defense NOT required to do during its case? a) Present evidence b) Cross-examine witnesses c) Remain silent without it being held against them d) Challenge the prosecution's case 12. Which legal principle is emphasized in jury instructions? a) Presumption of innocence b) Probable cause c) Absolute guilt d) Finality of evidence 13. A hung jury occurs when: a) The jury unanimously acquits the accused b) The jury is unable to reach a unanimous decision  c) The judge dismisses the case mid-trial d) The defense challenges all jurors Section 3: Sentencing and Parole (20 Questions) 14. What is proportionality in sentencing? a) A fixed sentence for all crimes b) A sentence proportional to the offender’s ability to pay c) A sentence fitting the gravity of the offense and culpability of the offender d) A sentence based solely on victim impact 15. What distinguishes conditional discharge from probation? a) Conditional discharge removes the offense from the record after compliance. b) Conditional discharge involves imprisonment. c) Probation includes a fine and incarceration. d) Probation never requires supervision. 16. Dangerous offenders are subject to: a) Conditional sentencing b) Indeterminate sentencing c) Fixed parole eligibility dates d) Probation only 17. Aggravating factors increase the severity of a sentence. Which of the following is NOT an aggravating factor? a) Repeated offenses b) Remorse shown by the offender c) Hate motivation d) Violence involved in the crime 18. Restorative justice aims to: a) Punish offenders harshly b) Rehabilitate offenders without community involvement c) Foster reconciliation and address harm caused to victims d) Remove all conditions for release Section 4: Civil Disputes and Torts (15 Questions) 19. What is the primary purpose of civil law? a) To punish offenders b) To resolve private disputes and compensate the harmed party c) To enforce criminal codes d) To sentence individuals to imprisonment 20. In tort law, what is strict liability? a) Fault-based liability requiring evidence of negligence b) Liability imposed regardless of fault for inherently dangerous activities c) Liability based on the plaintiff's misconduct d) Liability that only applies to contracts 21. Which of the following is NOT a remedy in tort law? a) Compensatory damages b) Injunctions c) Specific performance d) Indeterminate sentencing 22. What must a plaintiff prove for a negligence claim? a) The defendant intended harm b) The harm was an inevitable accident c) Duty of care, breach, causation, and damages d) That they were an innocent bystander 23. How does contributory negligence affect a case? a) It absolves the defendant completely. b) It reduces the plaintiff's compensation based on their involvement. c) It ensures punitive damages are awarded. d) It transfers liability entirely to the defendant. Section 5: Legal Processes and Vocabulary (20 Questions) 24. What does habeas corpus protect against? a) Unlawful detention b) Unreasonable search and seizure  c) Double jeopardy d) Misinformation during trials 25. A pre-sentence report provides: a) Legal counsel for the accused b) Background information on the offender for sentencing decisions c) The prosecution's closing arguments d) Evidence supporting an appeal 26. When can an offender request a judicial review? a) After any trial decision b) Only for life sentences or specific conditions c) Only if they are designated as dangerous offenders d) After serving their full sentence 27. Which of the following is NOT a type of conditional release? a) Day parole b) Full parole c) Statutory release d) Indeterminate sentencing 28. What is the role of a parole officer? a) Prosecuting cases in court b) Supervising offenders under community-based sentences c) Representing victims in parole hearings d) Deciding guilt during trials New Comprehensive Questions 29. How are mitigating factors relevant to sentencing? a) They increase the sentence length. b) They reduce the sentence severity by considering positive aspects like remorse. c) They lead to mandatory imprisonment. d) They apply only in civil disputes. 30. What is the difference between day parole and full parole? a) Day parole allows community activities during the day with custody at night. b) Day parole is granted without any conditions.  c) Full parole requires constant supervision without freedom of movement. d) Full parole excludes the possibility of conditions. 31. What happens if conditions of parole are violated? a) The offender is released. b) The offender’s parole is revoked, and they are returned to custody. c) The sentence is annulled. d) A new trial is held. 21. a) When evidence is in plain view a. Explanation: Police can conduct searches without a warrant in specific circumstances, such as evidence being in plain view, consent from the individual, or exigent circumstances. 22. b) Reasonable grounds to believe a crime has been or will be committed a. Explanation: Under Canadian law, reasonable grounds are required for a lawful arrest. This standard ensures that arrests are not arbitrary. 23. c) Section 10 a. Explanation: Section 10 of the Charter guarantees the rights of an individual upon arrest, including the right to counsel. Section 2: Trial Procedures 4. b) The Crown prosecution a. Explanation: In criminal trials, the prosecution must prove the guilt of the accused beyond a reasonable doubt. 5. c) To ensure the impartiality of jurors a. Explanation: Voir dire is the process where jurors are questioned to ensure they can remain unbiased and impartial during the trial. 6. c) Beyond a reasonable doubt a. Explanation: This is the standard of proof in criminal cases, ensuring that there is no reasonable doubt about the guilt of the accused. Section 3: Sentencing and Release 7. c) Revenge  a. Explanation: Revenge is not a recognized principle of sentencing in Canada. Sentencing aims to balance proportionality, deterrence, rehabilitation, and public safety. 8. c) Conditional sentence a. Explanation: A conditional sentence allows offenders to serve their sentence in the community under strict conditions, rather than in prison. 9. a) Dangerous offender a. Explanation: A dangerous offender designation is applied to individuals who pose ongoing risks to society, often leading to an indeterminate sentence. 10. b) 1/3 Explanation: Federal inmates are typically eligible for parole after serving one-third of their sentence, depending on their behavior and other factors. Section 4: Civil Disputes and Torts 11. b) Defamation Explanation: Defamation is a type of tort where an individual’s reputation is harmed by false statements. 12. b) Intent to harm Explanation: Negligence does not require intent to harm; it is based on a failure to exercise reasonable care that results in harm. 13. b) Assumption of risk Explanation: Voluntary assumption of risk refers to a plaintiff knowingly and willingly accepting the risks associated with a particular activity. Section 5: Legal Vocabulary and Processes 14. b) To influence sentencing by describing harm caused Explanation: Victim impact statements allow victims to express how the crime has affected them, which may influence sentencing. 15. c) Consecutive sentence Explanation: Consecutive sentences are served one after the other for multiple offenses, unlike concurrent sentences, which are served at the same time. 16. c) To compensate and reconcile with the victim Explanation: Restorative justice focuses on repairing the harm caused by the offender through community-based solutions. Section 6: Appeals and Reviews 17. b) A procedural error during the trial Explanation: Appeals can be made based on errors in the legal process, misapplication of the law, or insufficient evidence, not personal dissatisfaction with the outcome. 18. b) The case must be retried Explanation: A hung jury occurs when jurors cannot reach a unanimous decision, often leading to a mistrial and the need for a retrial. 19. c) Record suspension Explanation: A record suspension (formerly known as a pardon) removes a criminal record from public access, allowing individuals to reintegrate without the stigma of a criminal record. 20. c) Completion of the sentence Explanation: The end of a sentence marks the point when an offender is no longer under supervision unless designated as a long-term offender. Section 1: Police Investigation and Arrest 4. c) 24 hours a. Explanation: After an arrest, the accused must be brought before a judge or justice of the peace within 24 hours to ensure the detention is lawful. 5. b) Arrests without a warrant under specific circumstances a. Explanation: Section 495 of the Criminal Code permits arrests without a warrant for crimes in progress or when public safety is at risk. 6. c) Prosecutorial direction to arrest someone a. Explanation: Investigations are initiated based on evidence, tips, or observations, not on direct orders from prosecutors. 7. c) Analyzing evidence like DNA and fingerprints a. Explanation: Forensic analysis is a critical part of investigations, helping link suspects to crimes using scientific methods. 8. c) To assess if enough evidence exists for a trial a. Explanation: A preliminary inquiry determines if there is sufficient evidence to proceed, not to determine guilt. Section 2: Trial Procedures 9. d) Issuing a verdict a. Explanation: Pre-trial preparations include gathering evidence and addressing legal issues. Issuing a verdict occurs during or after the trial. 10. b) Summarizes its case Explanation: The prosecution outlines the evidence and arguments it will present during the trial in its opening statement. 11. a) Present evidence Explanation: The defense is not obligated to present evidence; it can rely on challenging the prosecution's case. 12. a) Presumption of innocence Explanation: Jury instructions emphasize that the accused is presumed innocent until proven guilty beyond a reasonable doubt. 13. b) The jury is unable to reach a unanimous decision Explanation: A hung jury means the jurors cannot agree on a verdict, often resulting in a retrial. Section 3: Sentencing and Parole 14. c) A sentence fitting the gravity of the offense and culpability of the offender Explanation: Proportionality ensures fairness by aligning the sentence with the severity of the crime. 15. a) Conditional discharge removes the offense from the record after compliance. Explanation: A conditional discharge allows the offense to be removed after fulfilling specific conditions, unlike probation. 16. b) Indeterminate sentencing Explanation: Dangerous offenders can be given indeterminate sentences due to their high risk to society. 17. b) Remorse shown by the offender Explanation: Remorse is a mitigating factor, reducing sentence severity, not an aggravating factor. 18. c) Foster reconciliation and address harm caused to victims Explanation: Restorative justice focuses on healing for victims and community restoration, not punishment. Section 4: Civil Disputes and Torts 19. b) To resolve private disputes and compensate the harmed party Explanation: Civil law seeks to resolve disputes and compensate the injured party rather than punish wrongdoers. 20. b) Liability imposed regardless of fault for inherently dangerous activities Explanation: Strict liability does not depend on proving negligence but applies to inherently risky activities or defective products. 21. d) Indeterminate sentencing Explanation: Indeterminate sentencing applies to criminal cases, not civil remedies. Civil remedies include damages and injunctions. 22. c) Duty of care, breach, causation, and damages Explanation: Negligence requires proving these four elements. Intent to harm is unnecessary. 23. b) It reduces the plaintiff's compensation based on their involvement. Explanation: Contributory negligence acknowledges the plaintiff's role in their harm, potentially reducing damages awarded. Section 5: Legal Processes and Vocabulary 24. a) Unlawful detention Explanation: Habeas corpus ensures that an individual's detention is legally justified and prevents arbitrary imprisonment. 25. b) Background information on the offender for sentencing decisions Explanation: Pre-sentence reports provide judges with details about the offender to tailor sentencing. 26. b) Only for life sentences or specific conditions Explanation: Judicial reviews are often limited to life sentences or parole eligibility for dangerous offenders. 27. d) Indeterminate sentencing Explanation: Indeterminate sentencing is not a type of release; it applies to dangerous offenders with no fixed release date. 28. b) Supervising offenders under community-based sentences Explanation: Parole officers oversee offenders' compliance with release conditions while they reintegrate into society. New Comprehensive Questions 29. b) They reduce the sentence severity by considering positive aspects like remorse. Explanation: Mitigating factors like remorse, cooperation, or first-time offenses can lead to lighter sentences. 30. a) Day parole allows community activities during the day with custody at night. Explanation: Day parole requires offenders to return to custody at night, unlike full parole, which grants complete supervised release. 31. b) The offender’s parole is revoked, and they are returned to custody. Explanation: Violating parole conditions typically leads to revocation and return to incarceration.