LAW Exam Version

Miscellaneous Rights and Freedoms CrimeTrial Civil Sentencing

100 Misc Country which historically had greatest influence on Canadian law. What is Britain (England or UK)?

100 R & F Charter section that ends with the words “as can be demonstrably justified in a free and democratic society. ” What is section 1 or reasonable limits?

100 Crime The more serious offences. What is an indictable offense?

100 Trial Two, 5 year sentences result in 5 years imprisonment under this type of sentence. What was concurrent?

What is duty of care (or neighbour principle) The legal obligation not to cause harm to others. 100, Civil

200 Misc Key concept of punishment whereby the offender pays back the victim dating back to Hammurabi’s Code. What is restitution?

200 R & F Entrenched in the Constitution and guarantees human rights in Canada. What was the Charter of Rights and Freedoms?

200 Crime Where the majority of our criminal law legislation is found. What is the Criminal Code of Canada?

200 Trial The abbreviation JP is short for this. What is a justice of the peace?

What is vicarious liability? When an employer is held legally responsible for the wrongful action of an employee. 200, Civil

300 Misc A tool used by a judge in determining an appropriate sentence. What is presentence report, victim impact statements, Crown & Defence submissions, previous criminal record, evidence or convicted person’s statements?

300 R & F The provincial statute that protects individuals from discrimination by other individuals. What is the Ontario Human Rights Code?

300 Crime When someone encourages a person to commit a crime and is present during the crime. What is abet?

300, Trial A document issued by a JP or Justice ordering the accused to appear in court at a certain time and place What is a summons?

What is contributory negligence? This defence to negligence claims that the defendant somehow created at least part of the situation that caused the harm. 300, Civil

400 Misc The two main divisions in Canadian substantive law What is criminal and civil law? What is private and public law?

400 R & F One area of prohibited grounds of discrimination. What is race, gender, creed etc?

400 Crime The most serious of the assault charges in the CCC. What is aggravated assault?

400, Trial The process of selecting a jury What is empanelling ?

What is fair comment? The term given to the defence of expressing an honest opinion when facing a defamation suit. 400, Civil

500 Misc Those circumstances of the crime that increase the responsibility of the offender and result in the penalty being increased What are aggravating circumstances?

500 R & F Requiring the wearing of a hard hat at a construction site is an example of this. What is a bona-fide occupational requirement (BFOR)?

500 Crime The two actions that must have occurred for an act to be considered a crime in the CCC What is actus reus and mens reas?

500, Trial The result of this court action may be the ordering of a new trial. What is an appeal?

What is Tort law? The type of law that deals with private citizens where one has wronged another. 500 Civil

600 Misc One component of this principle is that no one is above the law. What is Rule of Law?

600 R & F When matters are considered outside the authority of a government. What is ultra vires?

600 Crime This is the careless disregard for the possible results of an action. What is recklessness?

600, Trial A court appointed lawyer paid for by the government What is legal aid?

What are general or pecuniary damages? The term given to future lost earnings, & medical care. 600 Civil

800 Misc Circumstance when police officer may charge but not arrest a law breaker. What is before or after committing a summary conviction offence?

800 R & F Section 33 of the Charter that allows the federal and provincial governments to enact legislation that may violate the Charter. What is the notwithstanding clause?

800 Crime A defense used by the defendant meaning he/she took reasonable care not to commit the offence/tort. What is due dilignece?

800, Trial Allows the judge to decide if there is enough evidence to proceed with a trial. What is a preliminary hearing?

What is the “balance of probabilities”? Burdon of proof required in a civil case 800 Civil

1000 Misc Stare Decisis is associated with this principle (or rule). What is the rule of precedent?

1000 Charter If a law violated the Charter it would likely be this. What is struck down?

1000 Crime Homicide is a criminal offence if it is _________ What is culpable homicide?

1000, Trial Allows both the Defence and the Crown to eliminate a prospective juror without giving a reason What is a peremptory challenge?

What are negotiation, mediation and arbitration? The three ways to settle civil disputes out of court 1000, Civil

What is an absolute discharge? The most lenient sentence available to a judge. 100, sentencing

What is an aggravating factor? If a victim of a crime is the spouse or partner of the perpetrator, it is considered this. 200, sentencing

What is a mitigating factor? If the convicted person has plead guilty to the crime, it is considered this. 300, sentencing

What is a mitigating factor? The convicted person’s criminal record or lack thereof, is considered this. 400, sentencing

What is deterrence? This objective of sentencing means that the convict and public will not want to be punished in the same way and therefore will not commit the crime. 500, sentencing

What is denounce, separate, rehabilitate, restitution, or sense of responsibility? Other than deterrence, an objective of sentencing. 600, sentencing

What are minimum sentences? While maximum sentences are always indicated in the CCC, these are only sometimes included. 800, sentencing

What is life with no chance of parole for 25 years? The sentence given to Russell Williams. 1000, sentencing