Term
| What is the purpose of laws? |
|
Definition
to govern the estate, the relationships between individuals, and the relationships between businesses and organization
Keep social order and further collective good |
|
|
Term
|
Definition
| Series of rules created by the government |
|
|
Term
|
Definition
Rules are not enforced by the court
You can opt out of rules, you can’t opt out of the law
You can’t change the law on your own |
|
|
Term
| What are the rules of law? |
|
Definition
1. individuals must recognize and accept that law is necessary to regulate society
2. law applies to everyone including people in power
3. no one in our society has the authority to exercise unrestricted power to take away our rights, except in accordance to law
4. if it seems a law is no longer valid or useful, procedure exists for changing that law |
|
|
Term
| Give an example of a rule, and why is it a rule and not a law |
|
Definition
You can’t wear a baseball hat in school – school’s own rule, other schools may or may not follow it, the school may change or remove the rule, outcome of ignoring rule is decided by school, not police or court
Assault during sports causing suspension – rule, police not in charge whether player is reinstated |
|
|
Term
| What are some examples of laws? |
|
Definition
Wearing a bicycle helmet
Wearing protective devices in a factory
Selling cigarettes to minors |
|
|
Term
|
Definition
|
|
Term
| Main features of greek law |
|
Definition
first form of democracy, citizen involvement (voting), employed enormous juries (some with over 6000 members)
women on trial weren’t allowed to speak
if a person is found guilty, both the accused and the accuser would suggest a sentence
Jury voted on most appropriate sentence
Death penalty |
|
|
Term
| impact of greek law on canadian legal system |
|
Definition
Juries
(used to have) death penalty
Democratic system |
|
|
Term
|
Definition
450 BCE
Rome, spread through most of Europe
12 Tablets (written on wood and bronze), earliest human code, determined law of England during Roman occupation |
|
|
Term
| main features of roman law |
|
Definition
promoted public prosecution of crimes
System of victim compensation (restitution)
Protected lower class
Advisers who specialized in law first became known |
|
|
Term
| impact of roman law on canadian legal system |
|
Definition
First start of modern court system
Foundation of modern law
First legal advisers (present day lawyer)
Public prosecution of crimes (court)
restitution |
|
|
Term
| origins of the code of hammurabi |
|
Definition
1792 – 1750 BCE (Babylon)
One of the earliest known sets of recorded law, written King Hammurabi of Babylon
Code of Hammurabi – found in Iran in 1901 |
|
|
Term
| main features of the code of hammurabi |
|
Definition
Rules and penalties for every aspect of life
Male dominated
Based on retribution
Slavery legal
Death penalty
Wealthy given more protection
No distinction between accident and deliberate action |
|
|
Term
| impact of code of hammurabi on canadian legal system |
|
Definition
| Retribution, can’t lie under oath, (used to have) death penalty |
|
|
Term
| origins of mosaic (hebrew) law? |
|
Definition
sometime 500 years after the death of Hammurabi
Found in the book of Exodus |
|
|
Term
| what is another name for mosaic law? |
|
Definition
|
|
Term
| what present day country abides by the mosaic law? |
|
Definition
|
|
Term
| main features of mosaic law |
|
Definition
Forbidden to commit murder, adultery, theft, and worshipping other Gods
Included women
A person with a higher status was not allowed to push the blame onto a person with a lesser status
Focused more on deliberate action than accidents
Respect for parents
The law was concerned about the care for the poor
Based on the 10 commandments |
|
|
Term
| impact of mosaic law on canadian legal system |
|
Definition
One of the greatest impacts
Covered major crimes in society (theft, murder)
Care for the poor |
|
|
Term
| origins of the magna carta |
|
Definition
| in 1215 signed by King John of England |
|
|
Term
| main features of the magna carta |
|
Definition
Established basic rights for people of England
Charter of political and civil rights
Established basic rights for people of England
Charter of political and civil rights |
|
|
Term
| impact of the magna carta on the canadian legal system |
|
Definition
| First step to basic individual rights for England, leading to Canadian individual rights |
|
|
Term
| origins of napoleonic code |
|
Definition
came into effect in France in 1804, after French Revolution, to unify French law
Spread throughout much of Europe as Emperor Napoleon brought other countries under his domination |
|
|
Term
| main features of napoleonic code |
|
Definition
law represented compromise between influences of German law and northern France law
Compromise also made with “Justinian Code”
Technical style made law accessible to public
Regulated civil matters (property, wills, contracts, family laws) |
|
|
Term
| impact of napoelonic code on canadian legal system |
|
Definition
| Canadian law is based on French and British law |
|
|
Term
| what is another name for the napoleonic code? |
|
Definition
|
|
Term
| which code/law was created after the french revolution? |
|
Definition
|
|
Term
| why was the napoleonic code created? |
|
Definition
|
|
Term
| origins of the feudal system |
|
Definition
| King William and his son and grandson, Henry I and II, changed the law by unifying the system and assuming overall authority |
|
|
Term
| what is the feudal system? |
|
Definition
System of land ownership – divided Britain into parcels of land, each controlled by a nobleman
Each nobleman judged and sentenced only those under his direct authority
This resulted in discrepancies in the law; penalties for similar offences differed from village to village |
|
|
Term
|
Definition
Requiring a person to undergo torture to determine guilty or innocence
Used when a lord sitting in judgment was unable to reach a verdict based on the facts
Only used when the sentence for guilt was death
God was said to be the judge
Several different ordeals (trial by hot iron, hot water, and cold water) |
|
|
Term
|
Definition
Determining guilt or innocence by having the parties fight a duel
It was presumed that God would be on the side of innocence and the innocent man would win
Many weaker people were killed |
|
|
Term
|
Definition
Council that advised the king of England on legislative matters
Members were people who held lands directly from the king |
|
|
Term
|
Definition
Travelling courts
Judges travelled to various villages and towns
Held court to resolve local disputes |
|
|
Term
|
Definition
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Latin for “you must have the body”
Purpose is to secure the release of people who are unlawfully imprisoned |
|
|
Term
|
Definition
A Latin phrase meaning “to stand by the decision” or to abide by decisions already made
The judge in one court would apply the same decision made by the judge of another court if the facts of the case are similar
Developed into the rule of precedent, still used today |
|
|
Term
|
Definition
Gives everyone equality before the law
Not even the king or anyone else who made or enforced laws was above the law |
|
|
Term
| what is the latin phrase for "you must stand by the decision"? |
|
Definition
|
|
Term
| what problem existed with assizes? |
|
Definition
discrepancies in the law
circuit judges had no set rules, relied on common sense |
|
|
Term
|
Definition
| belief monarchs derived their power to rule from God |
|
|
Term
| what was the problem with the feudal system? |
|
Definition
discrepancies in the law
each nobleman only sentenced those under this direct authority
penalties for the same offences differed from village to village |
|
|
Term
| what is trial by oath helping? |
|
Definition
| friend of accused swears on the bible that the accused is innocent |
|
|
Term
| which law system employed enormous juries? |
|
Definition
greek system
some juries had over 6000 people |
|
|
Term
| in which laws are women recognized? |
|
Definition
mosaic (hebrew) law
napoleonic code |
|
|
Term
| in which laws are the poor protected? |
|
Definition
roman law - protected lower class
mosaic law - A person with a higher status was not allowed to push the blame onto a person with a lesser status, land owners were commanded to leave a small portion of their crops in the field for the poor |
|
|
Term
| which law was the beginning of democracy? |
|
Definition
| greek law - citizen involvement (voting), if a person is found guilty, both the accused and the accuser would suggest a sentence |
|
|
Term
| which law included 12 tablets written on wood and bronze? |
|
Definition
|
|
Term
| which law promoted public prosecution of crimes? |
|
Definition
|
|
Term
| in which law did advisers who specialized in law first become known? |
|
Definition
|
|
Term
| which laws had a system of restitution or retribution? |
|
Definition
roman law
code of hammurabi |
|
|
Term
| what law focused on deliberate action more so than accidents? which didn't make a distinction between the two? |
|
Definition
mosaic law
code of hammurabi |
|
|
Term
| which law is the earliest known set of recorded rules? |
|
Definition
|
|
Term
| which law had the greatest impact on canadian law? |
|
Definition
|
|
Term
| what first established rights of the people of England, and when? |
|
Definition
|
|
Term
| which law regulated civil matters? |
|
Definition
|
|
Term
| which law/system divided britain into parcels of land? |
|
Definition
|
|
Term
| who were the members of curia regis? |
|
Definition
| people who held lands directly from the king |
|
|
Term
| what is the purpose of habeas corpus? |
|
Definition
| to secure the release of people who were unlawfully imprisoned |
|
|
Term
| what has stare decisis developed into? |
|
Definition
|
|
Term
| what law was the first start of a modern court system? |
|
Definition
|
|
Term
| in which law was slavery legal? |
|
Definition
|
|
Term
| in which law are the wealthy given more protection? |
|
Definition
|
|
Term
| which law is based on the 10 commandments? |
|
Definition
|
|
Term
| what are the two principles in roman law? |
|
Definition
1. the law must be recorded
2. justice could not be left in the hands of judges alone to interpret |
|
|
Term
| where was mosaic law found? |
|
Definition
|
|
Term
| what are examples of rights found in the magna carta? |
|
Definition
Free election
Basic individual rights |
|
|
Term
| name examples of trial by ordeal |
|
Definition
trial by iron
trial by hot water
trial by cold water |
|
|
Term
| what is constitutional law? |
|
Definition
1st in the sources of law pyramid (top)
Establishes paramount legal principles and standards
Limits the powers of government by setting out basic laws, principles and standards that other law must adhere to
Deals with the distribution and exercise of powers of government
overrides all other laws |
|
|
Term
| what order is constitutional law in the sources of law pyramid? |
|
Definition
|
|
Term
| what is the main purpose of constitutional law? |
|
Definition
Limits the powers of government by setting out basic laws, principles and standards that other law must adhere to
Deals with the distribution and exercise of powers of government
Establishes paramount legal principles and standards |
|
|
Term
| which law (sources of law) limits the power of the government? |
|
Definition
|
|
Term
| how does constitutional law limit the power of government? |
|
Definition
| sets out basic laws, principles and standards that other law must adhere to |
|
|
Term
|
Definition
2nd in sources of law pyramid
Law or act passed by government
Consists of laws that are passed by elected representatives in the form of acts
Acts become laws when they pass through a formal procedure in Parliament
Common law decisions which have been codified
Override common law (common law will be used if no statute law for specific situation exists) |
|
|
Term
| what law is 2nd in the sources of law pyramid? |
|
Definition
|
|
Term
| in what law (sources of law) do acts become laws? |
|
Definition
|
|
Term
| what law (sources of law) overrides common law? |
|
Definition
| statute law and constitutional law |
|
|
Term
| what do statutes consist of? |
|
Definition
| laws that are passed by elected representatives in the form of acts |
|
|
Term
|
Definition
law that originates from decisions made by other judges in previous cases
3rd in sources of law pyramid (bottom)
Constantly evolving
Stare decisis (relying on decisions made by other courts when case is similar)
Lawyers look for favourable precedents to argue outcome of cases |
|
|
Term
| what are the origins of common law? |
|
Definition
without a set of rules, circuit judges who traveled to assizes relied on common sense
Agreed similar cases should be decided the same way
Created records
Such documents formed basis of common law (case law) because their information was common-to-all |
|
|
Term
| what law (sources of law) is always evolving? |
|
Definition
|
|
Term
| what law (sources of law) does stare decisis apply to? |
|
Definition
|
|
Term
| what law originates from decisions made by other judges? |
|
Definition
|
|
Term
| name three laws and their order on the sources of law pyramid |
|
Definition
1. constitutional law
2. statute law
3. common law |
|
|
Term
| name all major categories of law |
|
Definition
| international law, domestic law, substantive law, public law, private law, procedural law |
|
|
Term
| what is international law? |
|
Definition
Law that governs relations between independent nations
Examples: NATO, ownership of the moon |
|
|
Term
| examples of international law |
|
Definition
| NATO, ownership of the moon |
|
|
Term
| which law governs relations between independent nations? |
|
Definition
|
|
Term
|
Definition
Law that governs activity within a nation’s borders
Examples: wearing certain clothes in some Middle Eastern countries is prohibited
Legal drinking age is different in other countries |
|
|
Term
| which law governs activity within a nation’s borders? |
|
Definition
|
|
Term
|
Definition
wearing certain clothes in some Middle Eastern countries is prohibited
Legal drinking age is different in other countries |
|
|
Term
|
Definition
Law that defines the rights, duties, and obligations of citizens and government
Examples: careless driving, leaving scene of accident |
|
|
Term
| what law Law defines the rights, duties, and obligations of citizens and government? |
|
Definition
|
|
Term
| examples of substantive law |
|
Definition
| careless driving, leaving scene of accident |
|
|
Term
| what category of law is this: careless driving, leaving scene of accident |
|
Definition
|
|
Term
| what category of law does this fall under: NATO, ownership of the moon |
|
Definition
|
|
Term
| what category of law does this fall under: legal drinking age |
|
Definition
|
|
Term
|
Definition
| Law related to relationships between individuals and the state |
|
|
Term
| which category of law is related to relationships between individuals and the state? |
|
Definition
|
|
Term
| what are the divisions of public law, and what is their function? |
|
Definition
Constitutional law: body of law dealing with distribution and exercise of government powers
Administrative law: Law related to the relationships between people and government departments, boards, an agencies
Examples: liquor control board, labour board
Criminal Law: law that identifies crimes
Examples: murder, robbery, assault |
|
|
Term
| what category of law is this: body of law dealing with distribution and exercise of government powers |
|
Definition
| constitutional law (public law) |
|
|
Term
| what category of law is this: Law related to the relationships between people and government departments, boards, and agencies |
|
Definition
| administrative law (public law) |
|
|
Term
| what category of law do these sub categories belong to: constitutional law, administrative, criminal |
|
Definition
|
|
Term
|
Definition
| law that identifies crimes, public law |
|
|
Term
| examples of administrative law |
|
Definition
| liquor control board, labour board |
|
|
Term
|
Definition
Law governing the relationships between individuals and organizations
Examples: civil injuries, property |
|
|
Term
| name categories of private law |
|
Definition
| tort law, contract law, family law, wills and estate, property law, employment law |
|
|
Term
|
Definition
holds persons or private organizations responsible for damages they cause another person as a result of accidental or deliberate actions
Examples: slipping on a wet floor because there’s no sign, your free falls on neighbours car/house |
|
|
Term
|
Definition
| slipping on a wet floor because there’s no sign, your free falls on neighbours car/house |
|
|
Term
| what category law is this: slipping on a wet floor because there’s no sign, your free falls on neighbours car/house |
|
Definition
|
|
Term
|
Definition
provides rules regarding agreements between people & businesses
Examples: everyday transactions |
|
|
Term
|
Definition
|
|
Term
| what category of law is this: everyday transactions |
|
Definition
| contract law (private law) |
|
|
Term
|
Definition
deals with various aspects of family life
Examples: custody & support of children, divorce |
|
|
Term
|
Definition
| custody & support of children, divorce |
|
|
Term
| what category of law is this: custody & support of children, divorce |
|
Definition
|
|
Term
| what is wills and estate law? |
|
Definition
| division & distribution of property after death |
|
|
Term
| what category of law is this: division & distribution of property after death |
|
Definition
| wills and estate (private law) |
|
|
Term
|
Definition
| governs ownership rights in property |
|
|
Term
| what category of law is this: governs ownership rights in property |
|
Definition
| property law (private law) |
|
|
Term
|
Definition
governs employer-employee relationship
Examples: minimum wage, firing |
|
|
Term
| examples of employment law |
|
Definition
|
|
Term
| what category of law is this: minimum wage, firing |
|
Definition
| employment law (private law) |
|
|
Term
|
Definition
Prescribes the method of enforcing the rights & obligations of substantive law
Examples: Process that governs how a case can be appealed to a higher court |
|
|
Term
| examples of procedural law |
|
Definition
| Process that governs how a case can be appealed to a higher court |
|
|
Term
| what category of law is this: Prescribes the method of enforcing the rights & obligations of substantive law |
|
Definition
|
|
Term
| name the principles of justice |
|
Definition
1. “treat like cases alike, different cases differently”
Sometimes extenuating circumstances alter rulings
2. a law is unjust if it discriminates based on irrelevant characteristics
3. justice should be impartial regardless of social standing, etc.
4. laws must conform with society’s values |
|
|
Term
what are these?
1. “treat like cases alike, different cases differently”
Sometimes extenuating circumstances alter rulings
2. a law is unjust if it discriminates based on irrelevant characteristics
3. justice should be impartial regardless of social standing, etc.
4. laws must conform with society’s values |
|
Definition
|
|
Term
| what should our laws reflect? |
|
Definition
| beliefs and values of society |
|
|
Term
| what law is the root of three religions, and what are the religions? |
|
Definition
| mosaic law: christianity, judaism, islam |
|
|
Term
| which law forms the basis for the Quebec Civil Code? |
|
Definition
|
|
Term
| what is the difference between a civil and criminal law? |
|
Definition
civil law: deals with legal relationships between individuals, organizations, and businesses, also known as private law
criminal law: public law that prohibits and punishes behaviour that injures people, property, or society as a whole |
|
|
Term
| what category of law is criminal law? |
|
Definition
|
|
Term
| what category of law is civil law? |
|
Definition
|
|
Term
| what category of law do these belong to: substantive and procedural laws |
|
Definition
|
|
Term
| what category of law do these belong to: public and private law |
|
Definition
|
|
Term
| what category of law do these belong to: constitutional law, administrative law, criminal law |
|
Definition
| public law (substantive law - domestic law) |
|
|
Term
| What is the significance of the British North America Act of 1867? |
|
Definition
Created a federal dominion (Canada, New Brunswick and Nova Scotia)
Defines much of the operation of the Government of Canada including its federal structure, the House of Commons, and the Senate
Provinces had secure power over some areas (education) |
|
|
Term
| which act Created a federal dominion (Canada, New Brunswick and Nova Scotia)? |
|
Definition
| British North America Act (1867) |
|
|
Term
| what is the significance of the Statute of Westminster (1931)? |
|
Definition
Legislation passed in Britain that extended Canada’s law making powers
Establishes legislative equality for the self-governing dominions of the British empire and the United Kingdom
Recognized Canada’s full independence from Great Britain
Gave Canada ability to be involved in foreign affairs and to pass legislations without approval from Great Britain |
|
|
Term
| What further recognized Canada's independence and gave Canada ability to be involved in foreign affairs? |
|
Definition
| Statute of Westminster (1931) |
|
|
Term
| what is the significance of the Constitution Act of 1982? |
|
Definition
Canadian Charter of Rights and Freedoms (Trudeau)
Intended to protect the political and civil rights of the citizens of Canada, and unify Canadians around a set of principles that embody those rights |
|
|
Term
| What act is the Canadian Charter of Rights and Freedoms? |
|
Definition
|
|
Term
| what was the division of power? |
|
Definition
| BNA act outlined responsibilities of each level of government |
|
|
Term
| what is this called: BNA act outlined responsibilities of each level of government |
|
Definition
|
|
Term
| according to the BNA act, what was the role of the federal government? |
|
Definition
| matters which would be applied to every province (examples: currency, postal service) |
|
|
Term
| according to the BNA act, what are the powers of the provincial government? |
|
Definition
| local nature, vary from province to province (example: education) |
|
|
Term
| according to the BNA act, what powers do the municipalities and townships have? |
|
Definition
| issues of local importance (parks, highways) |
|
|
Term
| what is this an example of: matters of local importance, such as bylaws about parks and highways |
|
Definition
| municipalities/townships government responsibilities |
|
|
Term
| what are residual powers? |
|
Definition
Remaining category gives federal government law-making powers in legislative areas which were not assigned to either federal government or provinces
Include authority over airports and telecommunications
Disputes sometimes occur over conflicts overlapping legislation
Example: responsibility for fishing industry is under the federal government, timber and wood is under provincial government. Rest of natural resources were unassigned, therefore both governments claimed them. |
|
|
Term
| what is this an example of: responsibility for fishing industry is under the federal government, timber and wood is under provincial government. Rest of natural resources were unassigned, therefore both governments claimed them. |
|
Definition
|
|
Term
| what does ultra vires mean? |
|
Definition
“beyond the powers”
Beyond the power of government to pass laws |
|
|
Term
| what does intra vires mean? |
|
Definition
| Within the power of government to pass laws |
|
|
Term
| what is the name for when a law is passed by the government, but the government is out of its jurisdiction? |
|
Definition
|
|
Term
| what is it called when a law is passed within the government's jurisdiction? |
|
Definition
|
|
Term
| what could happen when ultra vires applies? |
|
Definition
| pFederal government could object, arguing that according to the BNA Act the law is not within their authority |
|
|
Term
|
Definition
| provincial government objects to a federal law, and passes a law against it |
|
|
Term
| what is this an example of: authority over airports and telecommunication |
|
Definition
|
|
Term
| what is this an example of: currency, postal service |
|
Definition
| federal government responsibilities |
|
|
Term
| what is this an example of: education and other matters which vary from province to province |
|
Definition
| provincial government responsibilities |
|
|
Term
| what are the major parts of the Canadian Charter of Rights and Freedoms? |
|
Definition
| equality rights, legal rights, general, mobility rights, democratic rights, fundamental freedoms |
|
|
Term
| what are mobility rights? |
|
Definition
rights to move to, remain in, and leave, Canada
move and live in any province
work in every province |
|
|
Term
| what are these examples of: live, move out of, and remain in Canada, work in any province, move to and live in any province |
|
Definition
|
|
Term
| what are democratic rights? |
|
Definition
| right to vote in an election |
|
|
Term
| what is this an example of: vote in elections |
|
Definition
|
|
Term
|
Definition
| rights about the law, such as, bail, trials, translators during trials, illegal arrest, search, and seizure, not being tried for the same offence twice, no cruel and unusual punishment, right to a lawyer, right to life, liberty and security, etc. |
|
|
Term
| what is this an example of: reasonable bail, fair trials, translators during trials, illegal arrest, search, and seizure, not being tried for the same offence twice, no cruel and unusual punishment, right to a lawyer, right to life, liberty and security, etc. |
|
Definition
|
|
Term
| what are equality rights? |
|
Definition
Every individual is equal before the law
Has the right to equal protection and equal benefit of the law without discrimination |
|
|
Term
what is this an example of: Every individual is equal before the law
Has the right to equal protection and equal benefit of the law without discrimination |
|
Definition
|
|
Term
| what are fundamental freedoms? |
|
Definition
freedom of…
Conscience and religion
Thought, belief, and opinion
Peaceful assembly
association |
|
|
Term
what is this an example of: freedom of…
Conscience and religion
Thought, belief, and opinion
Peaceful assembly
association |
|
Definition
|
|
Term
|
Definition
Nothing written in this charter will revoke any aboriginal treaty or right pertaining to the aboriginal peoples of Canada, or denies any other rights and freedoms in Canada
Interpreted in a manner consisted with preservation and enhancement of multicultural heritage of Canada
Equal to male and female persons
nothing in charter extends the legislative powers of anybody |
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Term
what is this an example of: Nothing written in this charter will revoke any aboriginal treaty or right pertaining to the aboriginal peoples of Canada, or denies any other rights and freedoms in Canada
Interpreted in a manner consisted with preservation and enhancement of multicultural heritage of Canada
Equal to male and female persons
nothing in charter extends the legislative powers of anybody |
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Definition
|
|
Term
|
Definition
| a statute in draft before it becomes law |
|
|
Term
| what is a statute in draft before it becomes law |
|
Definition
|
|
Term
| what is the order a bill takes through parliament? |
|
Definition
Idea: royal commission, Advisory Board, individuals or interest groups, Ministers Initiatives
Draft Legislation
First Reading: bill is introduced, minister discusses its purpose, background information given, bill is printed and distributed
Second Reading: principle of bill is discussed, minister may give speech to open debate, each member can make one speech, bill may be referred to committee for revision
Third Reading: debate is restricted to the contents of the bill, no amendments can be moved
Vote held
Federal System:
Steps are repeated in Senate
Goes to Governor General for Royal Assent + Proclamation
OR
Provincial System
Goes to Lieutenant – Governor
for Royal Assent + Proclamation |
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|
Term
what is this an example of: Provincial System
Goes to Lieutenant – Governor
for Royal Assent + Proclamation |
|
Definition
| what happens to a bill in a provincial system after the vote is held |
|
|
Term
what is this an example of: Federal System:
Steps are repeated in Senate
Goes to Governor General for Royal Assent + Proclamation |
|
Definition
| what happens to a bill in the federal system after a vote has been held |
|
|
Term
| what happens to a bill during third reading? |
|
Definition
| debate is restricted to the contents of the bill, no amendments can be moved |
|
|
Term
| what is this: debate is restricted to the contents of the bill, no amendments can be moved |
|
Definition
|
|
Term
| what happens to a bill during 2nd reading? |
|
Definition
| principle of bill is discussed, minister may give speech to open debate, each member can make one speech, bill may be referred to committee for revision |
|
|
Term
| what is this: principle of bill is discussed, minister may give speech to open debate, each member can make one speech, bill may be referred to committee for revision |
|
Definition
| bill during second reading |
|
|
Term
| what happens to a bill during first reading? |
|
Definition
| bill is introduced, minister discusses its purpose, background information given, bill is printed and distributed |
|
|
Term
| what is this: bill is introduced, minister discusses its purpose, background information given, bill is printed and distributed |
|
Definition
| bill during first reading |
|
|
Term
| what happens to a bill after an idea? |
|
Definition
|
|
Term
| what is draft legislation? |
|
Definition
| what happens to a bill after an idea |
|
|
Term
| what does a bill start with? |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
Body of high ranking government officials
advisors to the sovereign |
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|
Term
what is this called: Body of high ranking government officials
advisors to the sovereign |
|
Definition
|
|
Term
|
Definition
Component of Parliament of Canada, along with the Queen and House of Commons
Consists of 105 members appointed by the governor general |
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|
Term
what is this called: Component of Parliament of Canada, along with the Queen and House of Commons
Consists of 105 members appointed by the governor general |
|
Definition
|
|
Term
what is this called:
Democratically elected body in the federal level of the Legislative branch |
|
Definition
|
|
Term
| what is the House of Commons? |
|
Definition
| Democratically elected body in Federal Level Legislative branch |
|
|
Term
| what are the levels of government in order? |
|
Definition
executive
legislative
judiciary |
|
|
Term
| describe the executive branch of government? |
|
Definition
At the federal level:
Prime minister + Cabinet + public or civil service
Administrative
Sets policy, administers laws, controls government spending
At the provincial level:
Works the same way as federal |
|
|
Term
what is this: At the federal level:
Prime minister + Cabinet + public or civil service
Administrative
Sets policy, administers laws, controls government spending
At the provincial level:
Works the same way as federal |
|
Definition
| executive branch of government |
|
|
Term
| describe the legislative branch of government |
|
Definition
At the federal level (Parliament):
House of Commons + Senate
Passes statute laws
Senate has very wide powers – if legislation is passed by overwhelming majority at House of Commons, it can be defeated in the Senate
At the provincial level:
Parliament is called the Legislature of the Legislative Assembly
Legislature acts in the same way as Parliament, except provinces do not have Senates |
|
|
Term
what is this: At the federal level (Parliament):
House of Commons + Senate
Passes statute laws
Senate has very wide powers – if legislation is passed by overwhelming majority at House of Commons, it can be defeated in the Senate
At the provincial level:
Parliament is called the Legislature of the Legislative Assembly
Legislature acts in the same way as Parliament, except provinces do not have Senates |
|
Definition
| legislative branch of government |
|
|
Term
| describe the judiciary branch of government |
|
Definition
Independent of the other two branches
Justices/Judges who adjudicate disputes, interpret the law, and decide on punishments in Canada’s court system
Supreme Court of Canada (nation’s highest court), Provincial Court of Appeal, The Superior Court (for serious offences), Provincial Court (less serious)
Judges in the Supreme Court and the Court of Appeal are federally appointed
Justices can struck down laws that conflict with CCRF |
|
|
Term
what is this: Independent of the other two branches
Justices/Judges who adjudicate disputes, interpret the law, and decide on punishments in Canada’s court system
Supreme Court of Canada (nation’s highest court), Provincial Court of Appeal, The Superior Court (for serious offences), Provincial Court (less serious)
Judges in the Supreme Court and the Court of Appeal are federally appointed
Justices can struck down laws that conflict with CCRF |
|
Definition
| judiciary branch of government |
|
|
Term
| what are the tasks of the executive branch of government? |
|
Definition
| Set policy, administer laws, control government spending |
|
|
Term
| what government branch has these tasks: Set policy, administer laws, control government spending |
|
Definition
|
|
Term
| what level of government has these tasks: Pass statute laws |
|
Definition
|
|
Term
| what are the tasks of the legislative branch of government? |
|
Definition
|
|
Term
| what tasks do the judiciary branch of government have? |
|
Definition
adjudicate disputes, interpret the law, and decide on punishments in Canada’s court system
Justices can struck down laws that conflict with CCRF |
|
|
Term
what branch of government has these tasks: adjudicate disputes, interpret the law, and decide on punishments in Canada’s court system
Justices can struck down laws that conflict with CCRF |
|
Definition
|
|
Term
| what branch of government has judges and justices? |
|
Definition
|
|
Term
| what branch of government is independent of the rest? |
|
Definition
|
|
Term
| in what courts are judges federally appointed? |
|
Definition
| Supreme Court and the Court of Appeal |
|
|
Term
| list the courts of Canada in order of importance |
|
Definition
Supreme Court of Canada (nation’s highest court, appeal court)
Provincial Court of Appeal
The Superior Court (for serious offences)
Provincial Court (less serious) |
|
|
Term
| what is Parliament called at the provincial level? |
|
Definition
| Legislature of the Legislative Assembly |
|
|
Term
| What is the difference between legislature and parliament? |
|
Definition
| Legislature acts in the same way as Parliament, except provinces do not have Senates |
|
|
Term
|
Definition
| the federal legislative branch of Canada |
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|
Term
LEGISLATIVE BRANCH:
list branches federal government in order of importance |
|
Definition
Federal Government
Governor General
Senate (Upper House) - senators appointed by GG
House of Commons (Lower House) - elected members of parliament |
|
|
Term
LEGISLATIVE BRANCH:
list branches of provincial government in order of importance |
|
Definition
Provincial Government
Lieutenant-Governor
Legislative Assembly - elected members of legislative assembly (mlas or mpps) |
|
|
Term
|
Definition
| responsible for carrying out government's plans and policies |
|
|
Term
| define legislative branch |
|
Definition
| has the power to make, change, and repeal laws |
|
|
Term
|
Definition
| responsible for presiding over Canada's court system |
|
|
Term
EXECUTIVE BRANCH
list federal government in order of importance |
|
Definition
Queen
Governor General
Prime Minister
Cabinet
Public or Civil Service - people employed to conduct business of government |
|
|
Term
EXECUTIVE BRANCH
List provincial government |
|
Definition
Queen
Lieutenant-Governor
Premier
Cabinet
Public or Civil Service - people employed to conduct business of government |
|
|
Term
| what is a public/government bill? |
|
Definition
| a bill introduced by a Cabinet minister |
|
|
Term
| what is a private member's bill? |
|
Definition
| A bill introduced by a private member (an elected representative who does not hold a Cabinet post) |
|
|
Term
| what is this called: A bill introduced by a private member (an elected representative who does not hold a Cabinet post) |
|
Definition
|
|
Term
| what is this called: a bill introduced by a Cabinet minister |
|
Definition
| a public or government bill |
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|
Term
|
Definition
Organizations, or lobby groups, are people who try to influence legislators in favour of their cause
Example: MADD (mothers against drunk driving), coalition for gun control, have both convinced legislators to change laws regarding drunk driving and registration of firearms
Also altered public opinion of these issues |
|
|
Term
what is this: people who try to influence legislators in favour of their cause
Example: MADD (mothers against drunk driving), coalition for gun control, have both convinced legislators to change laws regarding drunk driving and registration of firearms
Also altered public opinion of these issues |
|
Definition
|
|
Term
| what are some examples of lobby groups? |
|
Definition
| MADD (mothers against drunk driving), coalition for gun control, have both convinced legislators to change laws regarding drunk driving and registration of firearms |
|
|
Term
| what is this an example of: MADD (mothers against drunk driving), coalition for gun control, have both convinced legislators to change laws regarding drunk driving and registration of firearms |
|
Definition
|
|
Term
| what is the main purpose of lobby groups? |
|
Definition
influence legislators in favour of their cause
alter public opinion of these issues |
|
|
Term
| what are Royal Commissions? |
|
Definition
Influence changes in law
Appointed by the federal Cabinet
Conduct impartial investigations of specific national problems
Examples:
use of insanity as a legal defense
investigating the blood supply after patients had contracted Hepatitis C and HIV after receiving blood screened the by Red Cross |
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|
Term
what is this: Influence changes in law
Appointed by the federal Cabinet
Conduct impartial investigations of specific national problems
Examples:
use of insanity as a legal defense
investigating the blood supply after patients had contracted Hepatitis C and HIV after receiving blood screened the by Red Cross |
|
Definition
|
|
Term
| main purpose of royal commissions? |
|
Definition
| Conduct impartial investigations of specific national problems |
|
|
Term
| examples of royal commissions? |
|
Definition
use of insanity as a legal defense
investigating the blood supply after patients had contracted Hepatitis C and HIV after receiving blood screened the by Red Cross |
|
|
Term
what are these examples of: use of insanity as a legal defense
investigating the blood supply after patients had contracted Hepatitis C and HIV after receiving blood screened the by Red Cross |
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Definition
|
|
Term
| who appoints royal commissions? |
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Definition
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|
Term
| describe bail proceedings |
|
Definition
accused is taken into custody
crown can object to accused being released
accused is brought before a judge in 24 hours or asap |
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|
Term
what does this describe: accused is taken into custody
crown can object to accused being released
accused is brought before a judge in 24 hours or asap |
|
Definition
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|
Term
what is this: 1. Crown prosecutor explains to judge why accused should stay in jail
2. Defence counsel may explain why the accused should be released
3. The judge makes a decision |
|
Definition
|
|
Term
|
Definition
1. Crown prosecutor explains to judge why accused should stay in jail
2. Defence counsel may explain why the accused should be released
3. The judge makes a decision |
|
|
Term
| what are reasons for denying bail? |
|
Definition
1. accused is a danger to a victim or witness
2. accused may not show up for court |
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|
Term
what does this describe:
1. accused is a danger to a victim or witness
2. accused may not show up for court |
|
Definition
|
|
Term
| what are bail conditions? |
|
Definition
No contact with certain people
staying in town
staying away from certain places
agreeing that someone else will pay money if accused doesn’t show up at the next court hearing
no weapon possession (if crime involved a weapon or criminal harassment) |
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|
Term
what does this describe: No contact with certain people
staying in town
staying away from certain places
agreeing that someone else will pay money if accused doesn’t show up at the next court hearing
no weapon possession (if crime involved a weapon or criminal harassment) |
|
Definition
|
|
Term
| what happens if accused doesn't follow bail conditions? |
|
Definition
| Can be charged with another offence, arrested and held in custody, be released on new, more restrictive conditions |
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|
Term
|
Definition
| Accused admits responsibility for the crime |
|
|
Term
| what is this called: Accused admits responsibility for the crime |
|
Definition
|
|
Term
| what happens with a guilty plea? |
|
Definition
Judge will listen to plea and facts of the case
Crown prosecutor will read facts of case in court
Accused or his lawyer can speak with judge
Judge will find the accused guilty and decide on the punishment
No trial, victim doesn’t need to go to court |
|
|
Term
what does this describe: Judge will listen to plea and facts of the case
Crown prosecutor will read facts of case in court
Accused or his lawyer can speak with judge
Judge will find the accused guilty and decide on the punishment
No trial, victim doesn’t need to go to court |
|
Definition
| what happens with a guilty plea |
|
|
Term
| what is a not guilty plea |
|
Definition
| Accused doesn’t admit responsibility |
|
|
Term
| what does this describe: Accused doesn’t admit responsibility |
|
Definition
|
|
Term
| what is a preliminary hearing? |
|
Definition
| to see if Crown has enough evidence to justify sending the case to trial, gives the accused and defence lawyer a chance to hear the details of the case against the accused |
|
|
Term
| what is this: to see if Crown has enough evidence to justify sending the case to trial, gives the accused and defence lawyer a chance to hear the details of the case against the accused |
|
Definition
|
|
Term
| what happens at a preliminary hearing |
|
Definition
If there is enough evidence presented by the Crown, judge sends accused to trial, if not, charges are dropped
Victim and other witnesses will have to testify - will also have to testify if case gets sent to trial |
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|
Term
|
Definition
An agreement that the accused will plead guilty, in exchange for:
1. some withdrawn charges
2. some reduced charges
3. a lighter sentence |
|
|
Term
| what is this: An agreement that the accused will plead guilty |
|
Definition
|
|
Term
| what are the conditions for a plea bargain? |
|
Definition
1. some withdrawn charges
2. some reduced charges
3. a lighter sentence |
|
|
Term
|
Definition
victim doesn’t have to testify at court
government doesn’t have to pay for a long trial
accused can start sentence right away |
|
|
Term
what is this: victim doesn’t have to testify at court
government doesn’t have to pay for a long trial
accused can start sentence right away |
|
Definition
| reasons for a plea bargain |
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|
Term
|
Definition
Makes decisions on the admissibility of evidence
Controls events in the courtroom
Interprets the law pertaining to the case
Judge instructs the jury on points of law, jury decides verdict
In a non jury trial, judge decides verdict |
|
|
Term
who is this: Makes decisions on the admissibility of evidence
Controls events in the courtroom
Interprets the law pertaining to the case
instructs the jury on points of law, jury decides verdict
In a non jury trial, judge decides verdict |
|
Definition
|
|
Term
|
Definition
Court Clerk: assists the judge by keeping a record of the trial exhibits, administering oaths, and announcing the beginning or end of the court session
Court Reporter: court official who records everything said in court during a trial using an electronic monitoring system, can produce transcript if needed
Transcript: a typed record of everything said
Court security officer: handles accused persons who are in custody, helps maintain security in the courtroom
Sheriff: responsible for jury management
Bailiff: court official who assists a sheriff |
|
|
Term
| what does a court clerk do? |
|
Definition
| assists the judge by keeping a record of the trial exhibits, administering oaths, and announcing the beginning or end of the court session |
|
|
Term
| what does a court reporter do? |
|
Definition
| court official who records everything said in court during a trial using an electronic monitoring system, can produce transcript if needed |
|
|
Term
| what does a court security officer do? |
|
Definition
| handles accused persons who are in custody, helps maintain security in the courtroom |
|
|
Term
|
Definition
| responsible for jury management |
|
|
Term
|
Definition
| court official who assists a sheriff |
|
|
Term
|
Definition
| A group of 12 men and women, chosen by the Crown and defence counsel from a pool of ordinary citizens in the community the court is located in |
|
|
Term
| what is this: A group of 12 men and women, chosen by the Crown and defence counsel from a pool of ordinary citizens in the community the court is located in |
|
Definition
|
|
Term
|
Definition
Listen to the trial
Examine the evidence
Follow the judge’s instructions about the law
At the end of trial, withdraw to the jury room to deliberate, considering all the evidence and deciding together whether the accused is guilty or not guilty
To convict, must find defendant guilty beyond a reasonable doubt
Decision must be unanimous |
|
|
Term
| describe jury qualifications |
|
Definition
Usually, to be eligible for jury duty, the individual must be a Canadian citizen, 18 years of age or older, and a resident of the province for at least one year
In most cases, publicly elected politicians and people working in the justice system cannot serve as jurors |
|
|
Term
|
Definition
Potential jurors are picked at random from electoral polling lists
Crown and defence attorneys will select jurors from the jury panel under the judge’s supervision |
|
|
Term
|
Definition
| jury cannot make a decision - mistrial - dismissed, new jury is appointed |
|
|
Term
| what is the burden of proof? |
|
Definition
| The Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt |
|
|
Term
| what are rules of evidence? |
|
Definition
Either Crown or Defence may object to questions asked by opposing attorney or answers provided by witnesses
When an objection is made, judge rules on whether the evidence in question is admissible |
|
|
Term
|
Definition
Crown must prove beyond a reasonable doubt that the accused committed the offence charged
Defence will try to show that the Crown has not proven that the accused is guilty beyond a rsn. doubt |
|
|
Term
|
Definition
| defence goes first if they have called witnesses, if not, Crown goes first, defence will try to show that Crown failed to establish mens rea or actus reus |
|
|
Term
|
Definition
| Hung jury, court lacks jurisdiction, evidence is admitted improperly, misconduct by a party or a juror |
|
|
Term
| what happens after the lawyer part of court |
|
Definition
10. Charge to Jury – judge explains the law to the jury, and will advise the jurors to consider the evidence and how to return a verdict in accordance with the law
11. Sequestering of the jury
12. Verdict is given
13. Chance for appeal |
|
|
Term
| what is directed verdict? |
|
Definition
| A decision by the judge to withdraw the case from the jury and enter a verdict of not guilty |
|
|
Term
| what is this: A decision by the judge to withdraw the case from the jury and enter a verdict of not guilty |
|
Definition
|
|
Term
|
Definition
| testimony given by a witness to prove an alleged fact: |
|
|
Term
| what is this: testimony given by a witness to prove an alleged fact |
|
Definition
|
|
Term
| what is circumstantial evidence? |
|
Definition
| indirect evidence that leads a reasonable inference of the defendant’s guilt |
|
|
Term
| what is this: indirect evidence that leads a reasonable inference of the defendant’s guilt |
|
Definition
|
|
Term
| what is character evidence? |
|
Definition
| evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence |
|
|
Term
| what is this: evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence |
|
Definition
|
|
Term
| what is electronic surveillance? |
|
Definition
| use of any electronic device to hear or record communications between people |
|
|
Term
| what is this: use of any electronic device to hear or record communications between people |
|
Definition
|
|
Term
|
Definition
| A mini-trial in which jurors are excluded while the admissibility of evidence is discussed |
|
|
Term
| what is this: A mini-trial in which jurors are excluded while the admissibility of evidence is discussed |
|
Definition
|
|
Term
| what does charge to the jury mean? |
|
Definition
| The judge’s explanation to the jurors of how the law applies to the case before them |
|
|
Term
| what is this: The judge’s explanation to the jurors of how the law applies to the case before them |
|
Definition
|
|
Term
| what does beyond a reasonable doubt mean? |
|
Definition
| A standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence |
|
|
Term
| what is this describing: A standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence |
|
Definition
| beyond a reasonable doubt |
|
|
Term
|
Definition
Notice of appeal must be filed within a short period of time, in most cases within 30 days.
Appeal is then heard in an appeals court which has the authority to review the decision |
|
|
Term
what is this: Notice of appeal must be filed within a short period of time, in most cases within 30 days.
Appeal is then heard in an appeals court which has the authority to review the decision |
|
Definition
|
|
Term
|
Definition
Denial of having committed a crime
Justification for what would be considered a crime
For a defence to succeed, accused must produce evidence to support it |
|
|
Term
| what is the difference between defence and justification? |
|
Definition
| Difference between justification: justification is to show justice in particular act, while a defence is to deny the guilt act |
|
|
Term
| how can a mental state be a defence? |
|
Definition
If suffering from a mental disorder, the accused cannot be held criminally responsible because they would be unable to form the mens rea of the offence
Burden of proof that the accused suffered from a mental disorder is on the party which 1st raises issue
Can be used if accused is incapable of knowing the act was wrong, or appreciating its nature
If successful - absolute discharge, conditional discharge, or term in psychiatric hospital |
|
|
Term
what is this describing: If suffering from a mental disorder, the accused cannot be held criminally responsible because they would be unable to form the mens rea of the offence
Burden of proof that the accused suffered from a mental disorder is on the party which 1st raises issue
Can be used if accused is incapable of knowing the act was wrong, or appreciating its nature
If successful - absolute discharge, conditional discharge, or term in psychiatric hospital |
|
Definition
| how a mental state is a defence |
|
|
Term
|
Definition
| mental state, insane automatism, non insane automatism, intoxication |
|
|
Term
|
Definition
Person acts without being aware of their actions
Insane Automatism:
Caused by a mental disorder, person suffering from it will be found not criminally guilty on account of a mental disorder
Non-Insane Automatism:
Caused by external factor (concussion, medication)
Accused will be acquitted |
|
|
Term
| describe intoxication as a defence |
|
Definition
Being overpowered by alcohol or drugs to the point of losing self-control
Still responsible for their actions, if lacks ability to form intent to commit the offence because of it, mental element cannot be proven, cannot be found guilty |
|
|
Term
|
Definition
| Circumstances justified or excused offender’s conduct – accused is exonerated |
|
|
Term
|
Definition
| self defence, proecting dwelling house, battered woman syndrome, necessity, under compulsion or duress, provocation |
|
|
Term
| describe self defence as a justification |
|
Definition
Person may use force to defend against unprovoked assault
no intent to kill or cause serious bodily harm
Person assaulted without provocation may only use the amount of force necessary to defend themselves |
|
|
Term
| what are requirements for a self defence justification? |
|
Definition
no intent to kill or cause serious bodily harm
only use the amount of force necessary to defend themselves |
|
|
Term
| what are the conditions for the protecting dwelling house justification? |
|
Definition
| Force used must be reasonable |
|
|
Term
| describe protecting dwelling house as a justification |
|
Definition
| A person is allowed to defend his or her dwelling house from any unlawful entry and to remove trespassers if once has entered |
|
|
Term
| describe necessity as a justification |
|
Definition
Accused had no reasonable alternative to committing a crime
Accuser must show that act was done to avoid a greater harm, there was no reasonable opportunity for a lawful alternative course of action, or the harm inflicted was less than the harm avoided |
|
|
Term
| conditions for necessity justification |
|
Definition
no reasonable alternative to committing a crime
act was done to avoid a greater harm,
no reasonable opportunity for a lawful alternative course of action, or the harm inflicted was less than the harm avoided |
|
|
Term
| describe under compulsion or duress justification |
|
Definition
Person was forced by threats of death or bodily harm
Threatener must be physically present when offence is committed
Threat has to be immediate |
|
|
Term
| conditions needed for under compulsion or duress justification |
|
Definition
forced by threats of death or bodily harm
Threatener must be physically present when offence is committed
Threat has to be immediate |
|
|
Term
| provocation as a justification |
|
Definition
Any act or insult that causes a reasonable person to lose left-control
Applies only to the crime of murder
May be considered a partial defence to reduce a murder charge to a manslaughter charge |
|
|
Term
| what does the provocation justification only apply to? |
|
Definition
| only to the crime of murder |
|
|
Term
| how does provocation justification relate to reducing charges? |
|
Definition
| May be considered a partial defence to reduce a murder charge to a manslaughter charge |
|
|
Term
|
Definition
onest mistake that led to the criminal offence
Accused would not have had the mens rea required |
|
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Term
| example of mistake of fact |
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Definition
| Jane rides off with Tom’s bike, because both bikes are very similar, and Jane believed the bike to be hers |
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Term
| what is this: Jane rides off with Tom’s bike, because both bikes are very similar, and Jane believed the bike to be hers |
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Definition
| example of mistake of fact |
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Term
what is this: Honest mistake that led to the criminal offence
Accused would not have had the mens rea required
Honest mistake that led to the criminal offence
Accused would not have had the mens rea required |
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Definition
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Term
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Definition
An accused person cannot be tried twice for the same offence, whether they’ve been acquitted or convicted
Example: Paolo commits burglary and is acquitted – cannot be retried if more evidence surfaces years later
This prevents an offender receiving additional prison sentences for the offence after serving original sentence |
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Term
what is this: An accused person cannot be tried twice for the same offence, whether they’ve been acquitted or convicted
Example: Paolo commits burglary and is acquitted – cannot be retried if more evidence surfaces years later
This prevents an offender receiving additional prison sentences for the offence after serving original sentence |
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Definition
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Term
| example of double jeopardy |
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Definition
| Paolo commits burglary and is acquitted – cannot be retried if more evidence surfaces years later |
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Term
| what is this describing: Paolo commits burglary and is acquitted – cannot be retried if more evidence surfaces years later |
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Definition
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Term
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Definition
| A defence against police conduct that illegally induces the defendant to commit a criminal act |
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Term
| what is this: A defence against police conduct that illegally induces the defendant to commit a criminal act |
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Definition
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Term
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Definition
| William was a reformed drug addict who was persuaded to sell drugs to an undercover cop, William refused the officer’s repeated demands until the officer stated that she needed the drugs because she was sick |
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Term
| what is this: William was a reformed drug addict who was persuaded to sell drugs to an undercover cop, William refused the officer’s repeated demands until the officer stated that she needed the drugs because she was sick |
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Definition
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Term
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Definition
| Ignorance of the law – cannot be claimed as defence |
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Term
| what is this: Ignorance of the law – cannot be claimed as defence |
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Definition
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Term
| how is a sentence decided? |
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Definition
Circumstances about the crime, offender’s criminal record, offender’s personal history, impact of crime on victim, amount of responsibility that is taken by the offender
Crown prosecutor + defense counsel make suggestions about the appropriate punishment
Judge may ask probation officer to prepare pre-sentence report to help make a decision
Victim may tell judge how crime affected them in a Victim Impact Statement
The Criminal Code directs judge (especially the maximum and minimum sentences for specific crimes) |
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Term
what does this describe: Circumstances about the crime, offender’s criminal record, offender’s personal history, impact of crime on victim, amount of responsibility that is taken by the offender
Crown prosecutor + defense counsel make suggestions about the appropriate punishment
Judge may ask probation officer to prepare pre-sentence report to help make a decision
Victim may tell judge how crime affected them in a Victim Impact Statement
The Criminal Code directs judge (especially the maximum and minimum sentences for specific crimes) |
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Definition
| how is a sentence decided |
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Term
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Definition
1. absolute discharge: no punishment
2. conditional discharge – fulfill certain conditions for a period of time instead of prison term
3. pay a fine – government collects the money
4. pay restitution to the victim and replace property
5. release on probation – for a period of time, offender is to be of god behaviour
6. conditional sentence - accused serves less than two years under supervision in the community
7. imprisonment – most serious sentence (takes away freedom), sentenced to less than 2 years = provincial correctional institution, more than 2 years = federal penitentiary
8. intermittent sentence – jail for blocks of time
9. Dangerous offender – violent crime against another person, sentenced to federal prison as long as they’re considered dangerous, maybe indefinite, a special request + hearing must be held to declare someone a dangerous offender |
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Term
| what is absolute discharge |
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Definition
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Term
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Definition
| fulfill certain conditions for a period of time instead of prison term |
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Term
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Definition
| government collects the money |
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Term
| pay restitution to the victim |
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Definition
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Term
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Definition
| for a period of time, offender is to be of god behaviour |
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Term
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Definition
| accused serves less than two years under supervision in the community |
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Term
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Definition
| most serious sentence (takes away freedom), sentenced to less than 2 years = provincial correctional institution, more than 2 years = federal penitentiary |
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Term
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Definition
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Term
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Definition
| violent crime against another person, sentenced to federal prison as long as they’re considered dangerous, maybe indefinite, a special request + hearing must be held to declare someone a dangerous offender |
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Term
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Definition
| In most criminal cases, a decision can be appealed to a higher level of court |
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Term
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Definition
Offender disagrees with being found guilty
Higher court may change judge’s decision
Crown prosecutor can appeal if the offender is found not guilty
Offender disagrees on received sentence
Prosecutor may appeal if feel that sentence is not suitable or not hard enough |
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Term
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Definition
Many people believe that punishing offenders send a message that anyone caught breaking the law will be punished accordingly
They believe posing a penalty will deter or discourage people from committing crimes
Specific deterrence: punishment to discourage criminals from re-offending
General deterrence: punishment to discourage people in general from offending |
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Term
| Rehabilitation/Reformation |
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Definition
Punishment combined with treatment and training to help offenders function in society
Services and programs help bring changes in behaviour |
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Term
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Definition
Circumstances that increase the severity of sentence
Suggest that rehabilitation is unlikely |
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Term
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Definition
Circumstances that decrease the severity of sentence
Suggest offender can be rehabilitated, doesn’t pose a threat to society, or doesn’t need strong deterrent measures
Examples: first time offences and evidence of remorse |
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Term
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Definition
Sentence that allows a person to live in the community under the supervision of a parole officer
Given instead of, or in addition to, a prison term |
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Term
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Definition
Release of an inmate, on a promise of good behaviour, into the community before the full sentence is served
(except in cases of 1st degree murder)Prisoners are reviewed for parole after serving 1/3 of sentence, or after 7 years (whichever is less) |
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Term
| What is the Juvenile Delinquents Act? |
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Definition
Passed in 1908 to improve handling of juvenile crime
Established procedures for handling juvenile offences, including government assuming control of juvenile offenders
Based on welfare principles
Defined delinquency as violation by persons under 16 of any law
Gave courts extensive power
Provided wide range of sentences
Referred to delinquents as “misdirected and misguided”
Society needed to “save” children from lives of crime |
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Term
What is this describing: Passed in 1908 to improve handling of juvenile crime
Established procedures for handling juvenile offences, including government assuming control of juvenile offenders
Based on welfare principles
Defined delinquency as violation by persons under 16 of any law
Gave courts extensive power
Provided wide range of sentences
Referred to delinquents as “misdirected and misguided”
Society needed to “save” children from lives of crime |
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Definition
| The Juvenile Delinquents Act of 1908 |
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Term
| What was the precursor for the Juvenile Delinquents Act of 1908? |
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Definition
| Society needed to “save” children from lives of crime |
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Term
| What youth act does this precursor apply to: Society needed to “save” children from lives of crime |
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Definition
| The Juvenile Delinquents Act of 1908 |
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Term
| Which youth act was based on welfare principles? |
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Definition
| The Juvenile Delinquents act of 1908 |
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Term
| Which was the first youth act passed, and when? |
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Definition
| The Juvenile Delinquents Act, 1908 |
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Term
| Which youth act referred to youths as "misdirected and misguided" |
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Definition
| The Juvenile Delinquents act of 1908 |
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Term
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Definition
| The Juvenile Delinquents Act of 1908 |
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Term
| What is the Young Offender's Act? |
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Definition
Passed in 1984 by Trudeau
Regulated criminal prosecution of Canadian youths
Focuses on responsibility of young persons for consequences of their behaviour
Federal criminal offences for young persons are the same as for adults
Referred to young persons as in a “state of dependency” who have “special needs”
Adopted crime control model
Changing public and political attitudes about youth crime |
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Term
| Who passed the Young Offender's Act? |
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Definition
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Term
| What was the precursor for the Young Offenders Act? |
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Definition
| Changing public and political attitudes about youth crime |
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Term
| Which youth act does this precursor refer to: Changing public and political attitudes about youth crime |
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Definition
| Young Offenders Act of 1984 |
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Term
| What are the main features of the Young Offenders Act of 1984? |
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Definition
| Focuses on responsibility of young persons for consequences of their behaviour |
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Term
| Which youth act is this: Focuses on responsibility of young persons for consequences of their behaviour |
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Definition
| Young Offenders Act of 1984 |
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Term
| Which youth act referred to young persons as in a “state of dependency” who have “special needs”? |
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Definition
| Young Offenders Act of 1984 |
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Term
| What did the Young Offenders Act of 1984 refer to young people as? |
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Definition
have "special needs"
are in a "state of dependency" |
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Term
| Which youth act replaced the Juvenile Delinquents Act of 1908? |
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Definition
| Young Offenders Act of 1984 |
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Term
| What is the Youth Criminal Justice Act? |
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Definition
Canadian statute, came into effect on April 1st 2003
Covers prosecution of youths for criminal offences
Recognizes that young people need to be held accountable for their crime, and have a greater opportunity to be rehabilitated and reintegrated into society
Primary objective is to protect society
Thought that crimes committed by youth were going unpunished, there were too many problems to fix in the Youth Offenders Act |
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Term
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Definition
| the Young Offenders Act passed in 1984 |
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Term
| What was the primary objective of the Youth Criminal Justice Act of 2003? |
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Definition
to protect society
Recognizes that young people need to be held accountable for their crime, and have a greater opportunity to be rehabilitated and reintegrated into society |
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Term
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Definition
| The Youth Criminal Justice Act of 2003 |
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Term
| What was the precursor for the Youth Criminal Justice Act of 2003? |
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Definition
| crimes committed by young people were going unpunished, too many problems to fix the Young Offenders Act of 1984 |
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Term
| What youth act replaced the Young Offenders Act of 1984? |
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Definition
| The Youth Criminal Justice Act of 2003 |
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Term
| What youth act established handling of youth crime? |
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Definition
| The Juvenile Delinquents Act of 1908 |
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Term
| Which youth act regulated the criminal prosecution of youths? |
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Definition
| The Young Offenders Act of 1984 |
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Term
| What youth act covers prosecution of youths for criminal offences? |
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Definition
| The Youth Criminal Justice Act of 2003 |
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Term
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Definition
| The Youth Criminal Justice Act of 2003 |
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