Term
| True or False: If someone is mentally unfit at the time of their trial, they will likely plead Not Criminally Responsible. |
|
Definition
|
|
Term
| True or False: A judge may excuse someone from the jury if the person being considered for jury duty knows the accused's lawyers. |
|
Definition
|
|
Term
| True or False: Administrative law encompasses those areas where decisions are made by judges and justices of the peace. |
|
Definition
|
|
Term
| True or False: For a summary conviction offence, the criminal proceeding must be commenced within 6 months of the incident. |
|
Definition
|
|
Term
| True or False: In choosing a jury member to hear a criminal case, the lawyers are allowed to research their backgrounds to ensure that they are fit to be on the jury. |
|
Definition
|
|
Term
| True or False: The standard of proof applied by administrative bodies is on the balance of probabilities. |
|
Definition
|
|
Term
| True or False: Counsels' job is to lead its witnesses so that the information presented at trial is logical. |
|
Definition
|
|
Term
| True or False: Intoxication can always be a defence to a criminal charge because people do not know what they are doing when they are drunk. |
|
Definition
|
|
Term
| True or False: A previous criminal record can always be considered to find someone guilty. |
|
Definition
|
|
Term
| True or False: In administrative law, there are two elements to procedural fairness - the right to be heard and the right to an impartial decision-maker. |
|
Definition
|
|
Term
| Criminal behaviour is not just an offence against the victim, it is also an offence against _________. |
|
Definition
|
|
Term
| In order to lay a charge, police must have what grounds to believe an offence was committed? |
|
Definition
| Reasonable & probable grounds |
|
|
Term
| Once police have decided they will lay a charge, they fill out an __________ in order to start the court process. |
|
Definition
|
|
Term
| One of the ways a fair trial process is ensured is by ______________. |
|
Definition
| Assuming "innocent until proven guilty" |
|
|
Term
| True or False: When Crown calls a witness to the witness stand and then starts questioning them that is called the direct examination. |
|
Definition
|
|
Term
| True or False: The Crown must only prove the actus reus in order to have the accused found guilty. |
|
Definition
|
|
Term
| True or False: The most powerful objection that can be made at trial is that counsel is harassing the witness. |
|
Definition
|
|
Term
| True or False: The Charter of Right and Freedoms protects individuals against big business. |
|
Definition
|
|
Term
| True or False: The most serious offences in the Criminal Code are called indictable offences. |
|
Definition
|
|
Term
| True or False: Jan/Joey Nosey saw kids riding their bikes without helmets on the road and reported it to the police. |
|
Definition
|
|
Term
A legal citation is a way to:
a) Direct someone who is looking for a statute to the right book and chapter
b) Charge someone with a criminal offence by putting it in writing
c) Collect, organize, and publish case reports
d) All of the above
e) None of the above |
|
Definition
| a) Direct someone who is looking for a statute to the right book and chapter |
|
|
Term
A legal presumption is:
a) The largest penalty stipulated for breaking the law
b) The primary division in a statute
c) The assumption of a particular state of affairs by the judge unless s/he receives evidence to the contrary
d) All of the above
e) None of the above |
|
Definition
| c) The assumption of a particular state of affairs by the judge unless s/he receives evidence to the contrary |
|
|
Term
In a civil trial, a jury is composed of how many panel members?
a) 12
b) 9
c) 10
d) All of the above
e) None of the above |
|
Definition
|
|
Term
A transcript is a:
a) Judges written decisions of what s/he decided at trial
b) Verbatim record of trial proceedings
c) Document filed with the court for an appeal outlining the legal arguments
d) All of the above
e) None of the above |
|
Definition
| b) Verbatim record of trial proceedings |
|
|
Term
Who determines whether a criminal charge will be laid?
a) The victim
b) The police
c) The Crown
d) All of the above
e) None of the above |
|
Definition
|
|
Term
| True or False: When an accused pleads guilty, the matter then goes to trial. |
|
Definition
|
|
Term
| True or False: The judge's reasons for deciding a case a certain way is called the ratio. |
|
Definition
|
|
Term
| True or False: The person who is charged with an offence is called the accused. |
|
Definition
|
|
Term
| True or False: A trial court in Alberta can be influenced by a decision of the appeal court in Nova Scotia. |
|
Definition
|
|
Term
| True or False: A person could only be charged criminally or face a civil lawsuit because of his/her behaviour but not both. |
|
Definition
|
|
Term
| True or False: An appeal court will listen to a witness's testimony of what happened before making their decision. |
|
Definition
|
|
Term
| True or False: The Provincial Governments have a right to make laws in any area not given to the Federal Government. |
|
Definition
|
|
Term
| True or False: A person libels someone when they write a lie about them to someone else. |
|
Definition
|
|
Term
| True or False: When a section of a statute has the word "shall" in it then the person it refers to may not do as it says. |
|
Definition
|
|
Term
| True or False: The Dangerous Goods Transportation Act, R.S.O. 1990, c. D. 1. was created by the Ontario Court. |
|
Definition
|
|
Term
| True or False: An accused can choose to be tried by a jury if she or he is facing 3 years or more jail time. |
|
Definition
|
|
Term
| True or False: Judicial independence is guaranteed because Judges report to the government. |
|
Definition
|
|
Term
| True or False: A person can sue another for breach of contract only if that person is a party to the contract. |
|
Definition
|
|
Term
| True or False: A defence to the tort of trespass is that there was permission to enter the property. |
|
Definition
|
|
Term
Defence counsel can ask leading questions of a witness if:
a) The witness was called by the Defence
b) The witness was called by the Crown
c) The witness says something that is not true
d) All of the above
e) None of the above |
|
Definition
| b) The witness was called by the Crown |
|
|
Term
A defence to the intentional tort of assault and battery is:
a) Consent
b) Not guilty
c) Found committing
d) All of the above
e) None of the above |
|
Definition
|
|
Term
The rules of natural justice in administrative law include which of the following:
a) The right to remain silent
b) The right to have an impartial decision-maker
c) The right to understand the charges against you
d) All of the above
e) None of the above |
|
Definition
| b) The right to have an impartial decision maker |
|
|
Term
When a case is before an administrative body, who makes the decision about the case:
a) The court
b) The board or tribunal
c) The applicant
d) All of the above
e) None of the above |
|
Definition
|
|
Term
The role of the Judge in deciding a case where there is a Jury is to:
a) Determine the facts and advise the jury
b) Determine the credibility of witnesses and advise the Jury
c) Determine the law and advise the Jury
d) All of the above
e) None of the above |
|
Definition
| c) Determine the law and advise the Jury |
|
|
Term
The piece of legislation that directs how power should be shared between governments in Canada is the:
a) Constitution Act, 1867
b) Charter of Rights and Freedoms
c) The Statutory Powers Procedures Act |
|
Definition
|
|
Term
When a jury hearing a criminal case make a decision, their decision must be:
a) Agreeable to by most of the jury
b) Unanimous
c) Agreeable to the judge
d) All of the above
e) None of the above |
|
Definition
|
|
Term
When you see "R" in the title of a case you know that it is usually a:
a) Criminal case
b) Civil case
c) Appeal case
d) All of the above
e) None of the above |
|
Definition
|
|
Term
Municipal governments create:
a) Acts
b) Regulations
c) Codes
d) All of the above
e) None of the above |
|
Definition
| e) None of the above (bylaws) |
|
|
Term
When one piece of legislation has a higher legal standing than another, it is considered to be ________ the other piece of legislation:
a) More well written than
b) Paramount to
c) More recent than
d) All of the above
e) None of the above |
|
Definition
|
|
