WDW101Y1 Study Guide - Quiz Guide: Superior Court, Crown Attorney, Ultra Vires

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Published on 10 Dec 2015
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Criminal Law Quiz Questions & Definitions!
What is the role of the Federal govt in the
criminal justice system? Why?
Only the federal government has the power to
enact/abolish criminal law (specified in the
Constitution)
Can judges create crimes at common law?
Why/why not?
No, creating crimes is Federal jurisdiction. At
common law level, regulations ca be created
What are the two steps for establishing that a
law violates s. 7 of the Charter?
1. If it violates one or more of: rights, liberty &
security of the person
2. If it is inconsistent with the principles of
fundamental justice
What is a hybrid offence? An indictable offence result in gin a summary
conviction
Federal vs. Provincial jurisdiction over
Criminal Law
Federal: Only the Feds can implement laws
concerning criminal law & procedure
Provincial: Deal with regulatory laws (i.e. speeding,
taxes)
-Cannot make laws that prohibit by criminal
sanction
-Allowed to create offences punishable by fine,
penalty, imprisonment for matters w/i own
jurisdiction
What does it mean for an act to be voluntary? A voluntary act is part of actus rheas and means
that a crime is the product of conscious choice and
independent will
Criminal Law Quiz Questions & Definitions!
Mens Rea & Actus Rheas Mens Rea: Mental element along with crime (i.e.
having the purpose or intent to assault)
Actus Rheas: Action of a crime (i.e. Assaulting)
Entrapment When police offer someone an opportunity to
commit a crime on random basis w/o reasonable
suspicion that theyre engaging in criminal activity
(Providing an opportunity to commit a crime)
Summary & Indictable Offences Summary: Minor offences, punishable by
up to 6 months prison/$5000 fine. Does
not have preliminary hearings
Indictable: Serious offences, punishable by 6+
months. Has preliminary hearings
Criminal Law Quiz Questions & Definitions!
Ultra Vires An invalid criminal law
Habeas Corpus The right of an accused to appear before court and
not be detained w/o just cause
Civil Law Law set in legislation. Judges discretion limited to
the interpretation & application of written laws
What is the purpose & function of Criminal
Law? Purpose: Deterrence, denunciation,
retribution
Function: Regulate morality, define acceptable
behaviour, protect society from harm
What is an Indictment? A written accusation reserved for more serious
crimes
What are the limits of Criminal Law? Two main sources: ONE: Section 91 & 92 of the
Constitution > Cannot create crimes against the
constitution. TWO: Charter > Cannot create
crimes that violate Charter provisions
** Criminal law is not valid if it is aimed at
economic issues (i.e. property rights)
Who are the players in the Criminal Justice
System? Their roles? Parliament: Enact legislation
Police: Investigate crime
Crown attorney: Prosecute crime
Defence council: Defend those accused
Court/judge: Interpret & apply legislation, strike
unconstitutional legislation, impose sentences
Levels of Court Court of justice, Superior court, Court of Appeal,
Supreme Court