Law 12 Final review #2

1. Law 12 Final review #2 Criminal Law, torts

3. What type of consideration is not legally binding? A: past consideration

4. A consumer can legally do all but one of the following with unsolicited goods? Which one can the consumer not do? use them without paying refuse them forget and never use them return them with outraged letter A: a

5. A licenced driver can be prohibited from driving under which of circumstances? refusing to provide a breath sample driving while impaired driving with a blood-alcohol level over 80

6. Canada recognizes which classes of murder first and second degree

7. A threat can be an assault if the threat could be carried out when made

8. Consent is not a defence to sexual assault where the victim is under 16 years of age, unless the accused is less than 3 years older than victim

9. The RCMP are the provincial police force in which jurisdictions? all provinces but Ontario and Quebec

10. An appearance notice gives what pieces of information time of court appearance offence with which the accused is charged place of court appearance

11. If police break rules of police conduct they can be charged under criminal law sued under civil law

12. To be legally binding, a contract must have all but one of the following elements. Which one is not an element a. offer and acceptance c. consideration b. moral obligation d. consent A: b

13. Which of the following is the best defense to a lawsuit for defamation? A: truth

14. A store detective who is accused of trespass to person while arresting a shoplifter is most likely to claim which of the following defences? A: legal authority

15. Employees of bars and taverns are legally entitled to do what to prevent customers from driving while intoxicated? A: Call the police, refuse to serve more drinks, call a taxi

16. If a fan is struck and injured by the puck at a hockey game, and sues, the defendant will probably use the defense of? A: voluntary assumption of risk

17. If the plaintiff was not wearing a seat belt, what defence might the defendant use? A: Contributory negligence

18. Alternative dispute resolution (ADR) includes the following methods. negotiation mediation arbitration

19. The most common use of injunctions is to A: Make strikers go back to work.

20. In a civil case, the formula that describes how the plaintiff must prove the case is which of the following? A: on the balance of probabilities

21. The main purpose of civil law is to A: compensate victims

22. Tort actions in civil law can contain all but one of the following elements. Which one is not an issue in tort law? a. rehabilitation c. deterrence b. punishment d. compensation A: a

23. A court order requiring a person to keep the peace and be of good behaviour is called a Peace Bond

24. Under the Criminal Code, the maximum fine for summary offences committed by individuals is $2000.00

25. The maximum fine for indictable offences is A: No maximum limit

26. The maximum imprisonment for most summary conviction offences is A: 6 months

27. If a sentence is less than two years and the crime carries no minimum sentence, the judge may impose a(n) A: Conditional sentence

28. The amount of time that the convicted accused is allowed to apply for an appeal is generally A: 30 days

29. A sentence that gives the accused a chance to avoid a criminal conviction if certain conditions are met is called a(n) A: Conditional discharge

30. A: d

31. 3 main goals of sentencing • Rehabilitation • Deterrence • Segregation

32. Victims of crime may have which roles our regular justice system? Read impact statements Act as a witness at the trial

33. The purpose of cross examination of a witness To bring in to doubt the credibility of the witness or evidence (establishing reasonable doubt)

34. In a courtroom, who is least likely to be impressed by dramatic rhetoric? A: Judge

35. The defense of "legal duty" to a charge involving assault means The law permits the use of force as part of their job/ position

36. A witness who fails to attend a trial to give evidence may be found guilty of A: contempt of court

37. The most important aspect of witness testimony is Credibility

38. A voir dire is held to determine if evidence can be shown to a jury

39. In terms of reliability, eyewitness accounts are considered to be Worth having but not the most reliable

40. Which of the following is not a type of challenge that can eliminate prospective jurors? Challenge of proceedings Challenge for cause Peremptory challenge Challenge to the jury list a.

41. If a jury cannot reach a verdict, the following options are available to the judge? Ask the jury to continue New trial with a new jury

42. In a first-degree murder trial, how many jurors can be challenged by either side with no reason given? 20 yrs

43. If a police officer insists on questioning or searching a reluctant individual, that person should do which of the following demand to see a lawyer write down the officer's badge number

44. The police are permitted to apply force that causes death if it protects others from bodily harm

45. Someone who is charged with committing a crime has the right to obtain a lawyer without delay

46. The police can use a search warrant at a residence on the date indicated between 6:00 a.m. and 9:00 p.m.

47. At a preliminary hearing, the defence does not need to call evidence but can cross-examine Crown witnesses

48. When police officers arrive at the scene of a crime, their first job is to call an ambulance and assist injured people, if any, at the scene.

49. The police log is used to record what the officer has witnessed or learned at the crime scene

50. A chain of custody must include a record of who had contact with the evidence