Mr. Thorburn CLU 3M1 January 2015 Review all tests, notes, handouts and other material from the entire semester. 1) Read all instructions and exam questions carefully. 2) Write your name on the top of each sheet of foolscap. Number each sheet. 3) Budget your time according to the value of each question. The examination is two hours in length. The following is recommended for time management: This review is intended to guide your preparation for the exam. It is NOT intended to be the sole method of preparation. Notes and Textbook will be needed for adequate studying, In the textbook, it is advisable that you do the exercises in the Looking Back sections of each chapter. Sample Vocabulary Infanticide Consecutive/Concurrent Summary offences Federal Circumstantial Hung jury Tort Citation Plea bargain Consent Plaintiff Entrapment Municipal Hearsay Substantive Trafficking Counter Claim Provocation Probation Justice of the peace Provincial Division Assault Hybrid offences Procedural Duty counsel Conspiracy Possession Provincial Civil law Magna Carta
Distinguish between rules and laws. Provide an example of each. List the main branches of a) public law and b) private law. (Chapter 2) Give the principles established by the Magna Carta of England in 1215 that are a part of Canada's legal system to this day, and briefly define each. CASE RECOGNITION: FOR EACH OF THE FOLLOWING TELL WHAT AREA OF THE LAW IS COVERED BY THE CASE. BRIEFLY EXPLAIN THE PARTICULARS OF THE CASE. HOW WAS THE CASE DECIDED AND WHY IS IT SIGNIFICANT TO CANADIAN LAW? DO THREE OF THE FOLLOWING CASES. R. v. Parks R. v. Big M drug mart R v. Lavallée R. v. Keegstra R. v. Askov Roncarelli v. Duplessis R. v. Oakes How does the 1982 Canadian Charter of Rights and Freedoms offer Canadians better protection than the 1960 Canadian Bill of Rights? Assess the impact of the 1982 Charter of Rights and Freedoms on the role of the Supreme Court of Canada in shaping Canadian society. Give an example of each of the following: a) prejudice, b) stereotyping, and c) discrimination Why are human rights laws constantly updated, expanded, and adapted? What are quasi-criminal offences? State which level of government has the authority to decide on each them. Give an example. Define the two main types or categories of offences. Note the maximum penalty that can be imposed for each type of offence. Which type of offence is less serious? What two fundamental elements or conditions must the Crown establish as existing at the time an alleged offence was committed? What degree of proof (burden of proof) must the Crown establish? Distinguish between general intent and specific intent. Give an example to illustrate each. Define "motive" and "intent." In prosecuting a crime, is it more important to prove motive or intent? Explain why one is more important than the other. What is the value of the one that is less important? Give an example of each. In child abuse cases, actus reus does not always require an act. It is enough for the prosecutor to show the absence of an act. Explain. What element(s) of a crime must be proven in an absolute liability case? Provide an example of an absolute liability offence. Distinguish between aiding an offence and abetting an offence. Give an example of each.
Section 231 of the Criminal Code of Canada sets out situations where murder would be considered first-degree murder. Outline four of these situations. What are the actus reus and mens rea of manslaughter? What two defences are available against a charge of manslaughter? The Criminal Code of Canada sets out three levels of assault. Identify and provide a brief description of each level or form of assault. Distinguish between theft and robbery. Provide an example of each. What is the mens rea of obtaining credit by false pretences? Give an example of an offence of using false pretences to obtain credit. What is the mens rea for trafficking in a drug? Does money need to change hands to support a charge of trafficking? Give some examples of the kinds of evidence that can support a charge trafficking? Why are trafficking offences punished more severely than drug possession offences? Suggest two social benefits that lawmakers expect to gain from providing more severe penalties for traffickers? Section 253 of the Criminal Code sets out four offences related to impaired driving. List these offences. Identify two Criminal Code offences related to the operation of motor vehicles that often involve impairment. With each offence, what must the Crown establish to obtain a conviction? Being impaired does not necessarily depend on consumption of alcohol. Provide two examples that illustrate this point. In such situations, how is impairment determined? List four sentencing options available to judges for those found guilty of impaired driving. What four rules must the police observe when arresting a suspect? What will be the consequence if they break any of these rules? Distinguish between a) a summons and b) an arrest warrant, noting when each would be used. Outline the actions police may take following their arrest of a suspect. What two types of information are the police required to provide to a judge or justice in order to obtain a search warrant? What is the purpose of requiring this information? Note three circumstances where the police may conduct a search without first obtaining a search warrant. Provide an example to illustrate each. How is DNA matching used in criminal investigations? What civil rights issue has been raised in connection with DNA testing? What is the purpose of a preliminary hearing? What are the possible benefits of such a hearing for an accused? Why might an accused decide to forego a preliminary hearing and proceed directly to trial? Compare the roles of the Crown prosecutor and defence lawyer in an adversarial trial system.
Distinguish between direct evidence and circumstantial evidence. As a Crown prosecutor, which of these types of evidence would you rely on most? Are there disadvantages with either of these types of evidence? Explain. What is self-incrimination? Who has the right to protection from self-incrimination during a trial? How does the right of protection from self-incrimination benefit the criminal justice system? Who prepares 1) a pre-sentence report and 2) a victim impact statement? What kind of information is found in each of these documents? Historically, what have been the four main goals of sentencing? What is the primary aim of diversion sentences? Briefly describe four different kinds of diversion sentences. Explain the meaning of: 1) concurrent sentence 2) consecutive sentence 3) intermittent sentence. Indicate a circumstance in which each type of sentence is applied. What are three different conditions which could lead to a person being declared a dangerous offender? What are the consequences for someone who is so designated? Describe four ways that the criminal justice system has attempted to meet the needs of victims of crime in Canada. Distinguish between 1) a conditional discharge and 2) a conditional release. Give an example of each. Of the four core values defined in the introduction to the Youth Criminal Justice Act, identify the two that you consider to be the most important. Justify your choice. What options do police have when dealing with youths they have found committing offences? What factors will the police consider when choosing a course of action? Outline three different terms or conditions of release judges may impose on youths awaiting trial. What are the three most common forms of open custody? What 1) advantage and 2) disadvantage does open custody offer over secure custody? Briefly, compare a) criminal prosecutions and b) civil actions. In each case, state the purpose of the legal action and who is responsible for initiating it. Identify the three purposes of tort law. Which of these is the main purpose? Criminal and civil trials are governed by two different standards of proof. Outline these two standards. Suggest why criminal law sets a different standard of proof. Distinguish between a pre-trial conference and an examination for discovery. Explain the purpose in each case. What goal do these procedures have in common? Distinguish among a) special damages, b) punitive damages, c) and aggravated damages. A successful plaintiff can enforce a judgment through a) garnishment or b) seizing assets. Describe each remedy, noting the limits on actions a plaintiff can take to collect on the damages.
Explain what negligence means in law, noting the three elements. Provide an example of negligence. What is an intentional tort? Provide an example of an intentional tort. Distinguish between a) foreseeability and b) causation, providing an example of each. Which must the plaintiff establish first in a negligence suit, duty of care or standard of care? Explain, using an example. Define contributory negligence. On whom does the burden of proof fall to prove contributory negligence? Show by an original example how contributory negligence affects a damage award. What must a defendant prove to succeed in a claim of voluntary assumption of risk? Provide an example. Distinguish between 1) invitees and 2) licensees. What standard of care do occupiers owe to each type of person? What legal change has occurred in Canada regarding the standard of care in this area? Distinguish between a) trespass to land and b) nuisance. Identify three common defences for trespass to a person, giving an original example for each. Under the Constitution Act, 1867, how are the powers to make family law divided between the federal and provincial governments? What rights and responsibilities do the partners have in common-law marriages? Distinguish between essential requirements of marriage and formal requirements of marriage. Which set of requirements is of greater legal significance? In your answer, explain why this is so. Note two types of mistake that might render a marriage invalid. What is an annulment? On what basis must all grounds for annulment arise? What three elements must an offer contain to be valid? What is a counteroffer? What is its effect on the original offer? Illustrate a counteroffer, giving your own example. State the circumstances under which contracts made by a minor are a) valid, b) voidable or c) void. Distinguish between undue influence and duress. Go over your tests and other evaluations
Sample cases: Case #1 R. v. Askov (1990) 2 S.C.C. 1199 In November 1983, Elijah Askov, Ralph Hussey, Samuel Guglitta and Edward Melo were charged with conspiracy to commit extortion. Counsel agreed to a date in July 1984 for a preliminary hearing, but it could not be held until September of that year. The trial was set for September 7, 1985, but the case could not be heard in that session. The case finally came to trial in September 1986, two years after the preliminary hearing. The judge ruled that a major part of the delay stemmed from institutional problems and granted a stay in the proceedings. The Ontario Court of Appeal reversed the decision and directed the trial to proceed. The accused appealed to the Supreme Court. On what grounds is Askov appealing the Court of Appeal s ruling? Why is this rule important to our court system? (give three reasons) Case #2 R. v. Lavallée (1990) 1 S.C.C. 852 Angelique Lyn Lavallée was charged with the second degree murder of her common law husband, Kevin Rust. That she killed Rust was not disputed. Lavallée admitted to shooting Rust in the back of the head as he was leaving her bedroom to return to a party going on elsewhere in their house, although she said she was aiming above his head to scare him. What was not clear was whether Lavallée could use expert evidence of the battering Rust had inflicted upon her in order to support her claim that she acted in self-defence, or even whether self-defence could be made out in the circumstances. While the evidence at trial revealed that Rust had abused Lavallée throughout their relationship and that immediately before the shooting Rust had beaten Lavallée and threatened to kill her after the party if she didn t kill him first, Lavallée s actions in shooting Rust as he was leaving the room, arguably did not fall within the traditional doctrine of self-defence. What circumstances are usually necessary for a verdict of self-defence? How did this case change the law in Canada? Case #3 R. v. Kerster (2001) B.C.S.C. CC000227 Kerster, using a false name, exchanged several emails with Detective Constable Headridge, a member of the Vancouver Police Force, who was also using a false name. The accused said he was willing to pay for the sexual services of a person under eighteen years of age. Headridge said his wife would meet with the accused to make final arrangements for him to have sex with her eleven year old daughter. Daryl Heatherington posed as Headridge s wife. She and Kerster met in a Vancouver restaurant, where Kerster described the kind of sex he wanted to have with the girl. Heatherington told the accused that her daughter s name was Leez. When she asked if he brought money, Kerster showed her several $100 Canadian banknotes. Kerster accompanied Heatherington to a hotel. Outside room 326, Heatheington called for Leez to open the door. A detective from the Vice-Squad opened the door and arrested the accused. The 11 year-old Leez did not exist. Kerster was charged. What is actus reus? What is the actus reus in this case? Does it matter legally that the girl did not exist? What constitutes the mens rea in this case? Is this entrapment? Why or Why not?