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LAW EXAM 2024 – 100% CORRECTLY ANSWERED QUESTIONS
"Why do we need laws? What are 5 functions of law? (TEST #1) - CORRECT ANSWER laws
maintain order and provide protection and regulate society 5 Functions: -Helps Avoid or settle disagreements -Sets out our Rights, Freedoms and Obligations -Provides remedies (legal actions can correct a wrong) -Establishes rules of Conduct -Sets up the structure of Government -Laws establish how new laws will be created" "Outline the important contributions of historical societies and their laws to Canadian law today.
(TEST #1) - CORRECT ANSWER 6 Contributions:
-Our jury process is a modern version of Greek Juries. -The role of the lawyer comes from Ancient Rome. -Biblical law and Ten commandments forbidding murder, adultery, theft, and the worship of false gods has influenced Canadian law. -Ancient laws like the Code of Hammurabi or others based on restitution (an eye for an eye) influenced our laws. -Iroquois Confederacy was formed under the Great Binding Law. -India's written laws replacing oral traditions." "What are the Categories of law? Distinguish between Substantive Law and Procedural Law.
(TEST #1) - CORRECT ANSWER The categories of law are:
-International and domestic law -Substantive and procedural law -Public and private law Substantive law refers to the actual laws that govern people's rights and obligations. Procedural law, on the other hand, deals with the rules and processes that guide how legal cases are handled in court."
"When did Canada become an independent nation? How was our constitution changed in 1982?
What were 4 new elements that were added withe the Constitution act of 1982? (TEST #1) -
CORRECT ANSWER -Canada became an independent nation in 1867.
-Our constitution changed in 1982 by the Constitution Act which included the BNA Act, 1867, came into being. -The 4 new elements that were added with the Constitution act of 1982 were: 1: Principle of Equalization, which provides for equal access to essential services for all Canadians. 2: Charter of Rights and Freedoms, which sets out constitutionally protected civil liberties. 3: Amending formula, a method of making future changes to the Constitution (7 of 10 provinces compromising 50% of the Canadian population). 4: Natural Resources, granted provincial powers over resources such as natural gas in Alberta or oil in Newfoundland."
"NOT DONE YET #12 ON REVIEW (TEST #1) - CORRECT ANSWER "
"What is a third level of government? What are by-laws? (TEST #1) - CORRECT ANSWER -The
third level of government is municipal government. -Municipal governments pass by-laws to control certain activities: noise restrictions, water & sewer services, streets & sidewalks, parks & recreation, store hours, building regulations." "How does a "bill" become a law? Outline the different stages that a bill goes through before
becoming a law? How can lobby groups influence law making? (TEST #1) - CORRECT ANSWER
-A bill becomes a law by: 1: Once a proposed law or bill is introduced into Parliament, it goes to first reading. At this stage the purpose of the bill is discussed. 2: At second reading, the principle of the bill is debated. The bill can be revised at this stage. 3: At the third reading, changes to the bill are pointed out. A vote is then taken and if it passes 4: The bill goes through a similar 3 reading process in the Senate. 5: The Governor General assents to the bill in the name of the Queen, once a bill is passed into law by both the House and the Senate. 6:The bill then becomes an Act, is given a Statute -By trying to influence legislators in favour of their cause, lobby groups can influence lawmaking. For example, MADD (Mothers Against Drunk Driving), has succeeded in having laws changed regarding drinking drivers." "According to Section 1 of the Charter, when are limits on our rights justified? When can the Government legally restrict our freedoms? According to the Supreme Court in the Oakes Case
what are the four criteria for reasonable limits? (TEST #2) - CORRECT ANSWER -Section 1 of
-Right to be a candidate. -Maximum duration of legislative session 5 years-except in times of war. -Parliament must sit at least once per year. -They can be limited by the government by age, mental capacity, residency, and registration requirements. Also, judges cannot vote to preserve independence." "How have Courts ruled in cases where an accused was extradited to face trials outside Canada? I
DONT KNOW #10 on review (TEST #2) - CORRECT ANSWER "
"Why do provincial governments want the power to restrict the movement of Canadians? Should
the existing limits on mobility be removed? (TEST #2) - CORRECT ANSWER -Provincial
governments want to restrict mobility rights because the provinces were worried about being flooded by unemployed residents from other provinces seeking work and using services paid for by the permanent residents. -They can be limited by reasonable residency requirements (to qualify for social services)."
"Where and when is the public guaranteed services in English or French? (TEST #2) - CORRECT
ANSWER -The public is guaranteed services in both languages at any time within the
government. ex: - statute, records, and journals of Parliament -has to provide service in both languages at central offices and elsewhere -when in court you can have the opportunity to decide between either language. Also, any person is allowed to speak English or French in any province at any point in time."
"What are some criticisms made against the Charter? How would you respond? (TEST #2) -
CORRECT ANSWER A criticism could be balancing individual and collective rights. Critics
suggest that the Charter sometimes prioritizes individual rights over collective interests such as public safety or social cohesion."
"What is the difference between stereotyping, prejudice and discrimination? (TEST #2) -
CORRECT ANSWER -Stereotyping: having an oversimplified, standardized, or fixed judgment
of a group of people. -Prejudice: A preconceived opinion based on a stereotype or inadequate information. -Discrimination: Making a distinction between people and treating them differently on a basis other than individual merit."
"What 4 conditions must exist for an action to be considered a crime? (TEST#3) - CORRECT
ANSWER -the act is considered wrong by society.
-the act causes harm to society in general orthose in need of protection. -the harm is serious. -the remedy must be handled by the criminal justice system." "How have our criminal laws evolved to changed to reflect our society's needs and values?
(TEST#3) - CORRECT ANSWER -As people change the way they live and work, some laws may
become obsolete. Or new situations may arise that no existing law deals with. -An example is: Before understanding child development and rehabilitation growing, young offfenders were often treated the samae as adult offenders, facing the same punishments and consequences. But now, there was a shift towards more age appropriate and rehabilitative approaches for young offenders." "Why do we have Criminal laws and the Criminal Code? What are three things we hope to achieve
by having them and enforcing them? (TEST#3) - CORRECT ANSWER -We have Criminal laws to
prohibit and punish acts that injure people, property, and the entire community. -3 things we hope to achieve are to protect people and prorpety, maintain order, and preserve standards of public decency." "What two (2) elements must exist at the time of any offence? Why must they exist at the same
time? (TEST#3) - CORRECT ANSWER -Two elements that must exist at the time of any offence
are mens rea and actus reus. (Actus reus refers to the physical act involved in committing the offence described by the criminal law. Mens rea means that the accused person had the intent to commit an offence or knowledge that what he or she did was against the law.) -They must exist at the same time to ensure fairness in the legal process and to consider the act a crime and convict someone for it." "In order to obtain a conviction the Crown must prove mens rea, or the guilty mind- what are 5
different ways that an accused can demonstrate they have a guilty mind? (TEST#3) - CORRECT
ANSWER 5 Different ways that an accused can demonstrate they have a guilty mind:
-Intent, Knowledge, Recklessness, Wilful blindness, and Criminal negligence." "What are the levels of Offences in Canada? Explain the differences in your own words. (TEST#3)
CORRECT ANSWER -summary conviction offences (minor crimes)
-indictable offences (more serious crime) -hybrid or dual procedure offences (It could be a minor crime or it could be a serious crime. YOU DONT KNOW UNTIL YOU APPEAR IN COURT)"
"Parties to an offence can have differ name according to their role in a crime- what are the differ
legal terms for a participants role in a crime? (TEST#3) - CORRECT ANSWER -Aiding: Someone
who has somehow assisted or helped the perpetrator commit the crime physically. -Abetting (encouraging the perpetrator of a crime without actually providing physical assistance) -Counseling: (advising, recommending, or persuading another person to commit an offence) are also criminal offences. -Accessory after the fact: Any person who knowingly comforts or assists someone escaping from the police."
"What are three (3) possible cause of crime? (TEST#3) - CORRECT ANSWER Mental Health,
Addictions, Peer pressure." "What are the 3 levels of policing in Canada? What are the jurisdictions &
responsibilities of each police force? (TEST#4) - CORRECT ANSWER -Federal: They deal with
responsibilities such as international smuggling (Canada Customs/Excise), drug enforcement, organized crime, immigration, public safety/consumer protection and intelligence gathering. They have jurisdiction in all provinces and territories except Ontario, Quebec and Newfoundland. -Provincial: they specialize in areas such as gang crime, robbery, and homicide and forces have jurisdiction in rural areas. -Municipal: they specialize in areas such as gang crime, robbery, and homicide municipal police forces have jurisdiction in towns and cities."
"How has forensic science changed how and what evidence is gathered? (TEST#4) - CORRECT
ANSWER -Forensic scientists examine and analyze the physical evidence found at a crime
scene.
- Tools (hammers and screwdrivers)
- impressions of shoes or tires on surfaces (the manufacturer or model of the object and individual characteristics specific and unique features of the object).
- Fingerprints and glove impressions can be lifted from surfaces.
- bodily fluids (blood, semen, hair and skin from the suspect to the victim)" "What are the steps necessary for a legal arrest? What are the rights of an
accused person upon arrest? (TEST#4) - CORRECT ANSWER -Steps:
1: the officer must Identify himself or herself; 2: Advise the accused that they are under arrest; 3: Inform the accused of the charge(s); 4: Touch the accused/ to take them into custody.
The rights of an accused person upon arrest:
- A person has the right to be informed of the reason for the arrest
- A person under arrest must be informed of their right to legal counsel
- A person has the right to not answer any questions-except those necessary for the completion of the charge: Name, address, occupation, & date of birth
- A person must be informed of their rights in a manner in which they understand-this includes translation, sign language, and sobriety." "Explain the difference between an Arrest Warrant, a Bench Warrant & a Telewarrant. (TEST#4)
CORRECT ANSWER -Arrest Warrant: is a legal document issued by a judge that authorizes law
enforcement to arrest and detain a person suspected of committing a crime. It is typically issued when there is enough evidence to believe that the person has committed an offence. -Bench Warrant: is also issued by a judge but It is issued when someone fails to appear in court as required or violates a court order. The judge issues the Bench Warrant to bring the person before the court. -Tele-warrant: It might refer to a warrant that is obtained through electronic means, such as video conferencing or telephonic communication."
"What are some of the risks that face a citizen who tries to make a "citizen's arrest"? (TEST#4) -
CORRECT ANSWER If they make a mistake they can be liable for false arrest or assault. Both
the accused or the accuser may also be hurt if a situation escalates." "Under what conditions are the police allowed to search a person? Under what conditions are the
police allowed to search a place? (TEST#4) - CORRECT ANSWER -Before conducting their
search, the police must identify themselves and show the warrant to the person living or working in the place to be searched. Police have the right to search a person under arrest, to locate evidence relating to the charge, or weapons, or tools to aid an escape or cause violence. Police can take the accused to a police station for a more thorough search (by an officer of the same sex). -a search warrant from a judge or justice of the peace before searching for evidence in places such as a residence, office, or store."
"What are three type of Pre-trial Release? In what situations might they be used? (TEST#4) -
CORRECT ANSWER -Promise to appear: documents are promises to appear in court for the
trial. (If an individual is charged with assault) -Recognizance: these documents are promises to appear in court for the trial. -Bail: which is when they post money or other security to guarantee their appearance in court (If an accused person is not released by police)"
instructs the jury on points of law and sentences the convicted person. In a non-jury trial, the judge decides on the guilt or innocence of the accused and passes a sentence." "What is the role of a jury in a trial? What are the qualifications for jury duty? How might a Juror
be challenged? Why? (TEST#5) - CORRECT ANSWER -a jury is a group of 12 people who listen
to the trial, examine the evidence, and follow the judge's instructions about the law. -to be eligible for jury duty, an individual must be a Canadian citizen 18 years of age or older and a resident of the province for at least a year. -Crown and defence may wish to question potential jurors (sometimes concerning values or opinions, if relevant), and accept or reject them as jurors. The defence is allowed to challenge the first juror, after that they alternate." "What is meant by "beyond a reasonable doubt" mean? What is meant by "burden of proof"?
(TEST#5) - CORRECT ANSWER -"Beyond a reasonable doubt" means that the evidence
presented in a criminal case must be strong enough to leave no reasonable doubts about the guilt of the accused. -The "burden of proof" refers to the responsibility of the party presenting the case to provide enough evidence to convince the judge or jury of the truth of their claims." "Describe the 3 main types of evidence. How can electronic surveillance devices be used? IDK THE
ANSWER TO Q:7 (TEST#5) - CORRECT ANSWER "
"What is the purpose of: a voir dire; the Charge to the jury; and an appeal? What are 3 possible
decisions a higher court might make after hearing an appeal? (TEST#5) - CORRECT ANSWER -
Voir Dire: A preliminary examination of a witness or a juror by a judge or counsel to determine the witness's competency or the juror's suitability to give or hear testimony. -The Charge to the Jury: Instructions given by the judge to the jury on the laws that apply to the case and how to apply them before they begin deliberations on a verdict. -An Appeal: A request made to a higher court to review the decision of a lower court, typically on grounds of legal error or procedure. -3 decisions a higher court might make after hearing an appeal -affirm a lower court's decision -reverse a lower court decision -order a new trial"
"What are the main goals in the sentencing of an accused? (TEST#5) - CORRECT ANSWER -
Punish the offender and reassure society that public safety is restored.
-Retribution means punishing an offender to avenge a crime. (Many people believe that punishing offenders will deter other members of society from committing crimes and keep criminals from re-offending.) -Rehabilitation involves treating problems such as drug and alcohol dependency that interfere with an offender's ability to function in society. (Another reason for punishment is restitution, which requires offenders to pay society back for the injury, loss, and suffering they caused.) -Denunciation or condemnation sends the message to the offender that his or her conduct has violated society's basic code of values and that such conduct will be punished." "The process of restorative justice allows for non-tradition options to deal with the harm caused
by crime. What are three measures of restorative justice that may be used? (TEST#5) - CORRECT
ANSWER -Mediation the offender and the victim meet with a trained mediator. Both parties
present their version of the events and express their feelings regarding the offence. -Family group conferencing brings together victims & and offenders who have admitted guilt. -Sentencing circle comprises the offender and the victim and their families, the elders & and other members of the offender's Aboriginal community, police officers, and a trial judge. All the participants do their best to convey to the offender that they care for his or her well-being." "What information must the Parole Board review when deciding whether to grant early release? Beyond the risk assessment what must the parole consider? What are the Conditions for Release
of an offender? (TEST#5) - CORRECT ANSWER -The parole board must review the offender's
criminal history, behaviour in prison, likelihood of reoffending, and any rehabilitation efforts when deciding whether to grant early release." "What is the difference between: Concurrent, Consecutive, and Intermittent Sentences? (TEST#5)
- CORRECT ANSWER - Intermittent sentences (served on weekends, around work),
- Concurrent sentences, (2 or more, served at the same time)
- Consecutive sentences, (2 or more, served one after the other)."
"What is a Pardon? On what grounds can the National Parole Board rescind a pardon? (TEST#5) -
CORRECT ANSWER A pardon allows for an individual record of their conviction to be set aside.
This is important to people who want the opportunities and privileges that other Canadians enjoy. The offender must demonstrate that he or she is now a law-abiding citizen. The National Parole Board can rescind a pardon if a
- convicted on a summary offence;
- for unacceptable conduct;
- fraud or dishonesty in the application or criminal activity is discovered."
some Canadians have different opinions about the amending formula because they worry it could affect how united the country is." "What is meant by the division of powers + what principle governs it? What are the main areas of federal jurisdiction? What areas do the provincial governments control? What do municipalities
control? Give examples. (TEST #1) - CORRECT ANSWER -The Division of powers between the 2
levels of government (Federal & Provincial) establishes the concept of jurisdiction (the authority or power to control decisions, or make laws). -The principle federalism governs the division of powers. -The main areas of federal jurisdiction are currency, Canada Post, and criminal law. -Provincial governments control education, police, and hospitals. -Municipalities control things like parks and waste management."
"Explain the difference between Civil Rights and Human Rights. (TEST #2) - CORRECT ANSWER
-Civil Rights are set out in the Charter of Rights and Freedoms and they help protect us from unfair treatment by the government. They are guaranteed by laws and they can't be violated. -Human rights are provincial laws, they protect us from unfair treatment by individuals, organizations or companies ( ex: can't discriminate such on race, ancestry, color, sex, or age. )" "What were two (2) perceived weaknesses of the Bill of Rights? How were these weaknesses
corrected in 1982? (TEST #2) - CORRECT ANSWER -2 Perceived weaknesses of the Bill of
Rights: -It was a federal statute and it applied only to matters under federal jurisdiction. -The statute had the same status as other statutes. It did not take precedence over any other statute. -These weaknesses were corrected in 1982, the Constitution began ensuring they will be protected regardless of the government in power. -Additionally, it means that these rights and freedoms became constitutional law, which overrides all other laws." "What are (2) situations or circumstances in which the Government has successfully and reasonably limited our freedom of expression. Give examples to illustrate your answer. (TEST #2)
- CORRECT ANSWER Limits include: -public incitement of hatred -printing obscene material -advertising to children -to promote genocide -hate speech -spreading of false info"
"What is meant by "The right to life, liberty and security of the person? How is this controversial?
(TEST #2) - CORRECT ANSWER -It guarantees our legal rights, which protect our personal
autonomy and bodily integrity from laws or actions by the government that violate those rights. It also means that it protects us from unreasonable search and seizure, arrest, detention, and imprisonment. -Some people say the right is good but others have issues with it because it can be controversial due to cases like abortion cases where the right to life is enshrined." "How have the courts balanced the right to security for those accused of a crime and the public?
IDK THE ANSWER #13 ON (TEST #2) - CORRECT ANSWER "
"What is harassment and Sexual harassment? (TEST #2) - CORRECT ANSWER -Harassment:
Persistent annoying or negative behaviour that violates the human rights of the victim. -Sexual Harassment: Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti." "What activities does provincial human rights legislation cover? What remedies can a Human Rights Board of Inquiry offer? What duties exist to accommodate the differences of members of
society? I DONT KNOW question #18 (TEST#2) - CORRECT ANSWER "
"How does motive differ from intent? Is it necessary to prove motive for a conviction? (TEST#3) -
CORRECT ANSWER -Intent to commit a criminal act means that the person meant to do
something wrong, was reckless regarding the consequences of the behavior, and knew or should have foreseen the results of the wrongful act. -A motive is the reason that a person commits a crime, while intent refers to that person's state of mind and willingness to break the law. For some less serious cases you don't need to prove a motive for a conviction." "What are regulatory Offences? Explain the difference between Strict liability and Absolute
Liability Offences. (TEST#3) - CORRECT ANSWER -The regulatory offence is a crime in which
mens rea elements are not required. -For strict liability offences, the accused may acknowledge that the offence took place but then offer the defence of due diligence. This means that he or she took every reasonable precaution to avoid committing the offence. -For absolute liability offences, such as driving without a license, there is no defence possible." "How is Robbery different from Theft? What are the different categories of theft? What is meant
by the "colour of right"? (TEST#3) - CORRECT ANSWER -Theft Is the taking of property,
"What is the purpose of a Show cause hearing? What are 3 situations when an accused must participate in a Show-cause hearing? What is meant
by reverse onus? (TEST#4) - CORRECT ANSWER Show-cause Hearing is to show why he/she
should not be held in custody until the trial and 4 situations when an accused must participate
- the accused committed serious offence while on release for another;
- The accused is not a Canadian citizen/resident;
- Accused is charged with failing to appear;
- The accused is charged with the importation/ trafficking a narcotic." "When can the defence of necessity be used? What are three specific conditions must be proved?
(TEST#4) - CORRECT ANSWER -Defense of necessity means the accused has no other
reasonable alternative to committing a wrongful act. -3 Conditions: -The accused must show that the act was done to avoid a greater harm -That there was no reasonable opportunity for a lawful alternative course of action -The harm inflicted was less than the harm avoided." "What responsibilities do other Court Officials have? What are 3 characteristics of a good
witness? (TEST#5) - CORRECT ANSWER -The court security officers, include: the sheriff, who is
responsible for jury management, and the bailiff who assists the sheriff. 3 Characteristics of a good witness:
- Credible (believable or trustworthy);
- Clear (understandable & deliberate)
- Confident (relatively certain in their testimony), with pertinent testimony" "What are: Leading Questions, Hearsay Statements, Opinion Statements, Immaterial or Irrelevant questions, and Non-responsive answers? What limits surround their use- when do we "object!"?
(TEST#5) - CORRECT ANSWER -leading questions that suggest a particular answer to the
witness, -hearsay evidence comments that the witness heard from a third party, -opinion statements are questions asking the opinion of the witness, -immaterial or irrelevant questions state all evidence presented at the trial must be "material" or relevant to the case. -non-responsive answers occur when the witness provides information not required by the questioning attorney. -These objections can be raised by attorneys during a trial if they believe that the opposing party or witness is violating the rules of evidence or courtroom procedure."
"What are three perspectives that a judge must consider in the sentencing process? (TEST#5) -
CORRECT ANSWER -The offender
-The victim -Society in general" "What is the purpose of the sentencing hearing? What factors must the judge examine? What is
the difference between Mitigating factors and Aggravating factors? (TEST#5) - CORRECT
ANSWER -The purpose of a sentencing hearing is to determine the appropriate sentence for an
offender after a conviction. -The judge must examine factors such as the nature and circumstances of the offence, the offender's criminal history and the impact on the victim as well as decide between aggravating and mitigating factors. -Aggravating factors: increase the severity of the sentence by suggesting that rehabilitation is unlikely or that a strong deterrence is necessary. Mitigating factors: decrease the sentence by suggesting that an offender can be rehabilitated or does not pose a threat to society."
