Chapter Two
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Question 1 The Charter of Rights and Freedoms is included in the: United States constitution Charter of the United Nations Canadian constitution British constitution British North America Act Question 2 Crime is best defined as: an immoral act behaviour subject to penal sanction negotiated in interaction b and c a social construction Question 3 The main source of criminal law is: the Civil Code complex and technical negotiated in interaction the Criminal Code the Charter of Rights and Freedoms Question 4 Canadian courts are free to: use common law to define defences apply common law to expand criminal offences strike down legislation that conflicts with common law instruct juries to ignore common law none of the above Question 5 Two elements must be present in a crime: motive and opportunity personal benefit and financial gain recklessness and negligence a criminal act and criminal intent none of the above Question 6 Definitions of offences in criminal law are most influenced by: the Judeo-Christian ethic indictable and summary offences absolute liability the Charter of Rights and Freedoms objective mens rea Question 7 Criminal offences are classified into two types: deliberate and accidental political and social by first offenders and re-offenders summary and indictable trial by judge or by jury Question 8 The Beaver case: established Native land claims limited defences for polluters created new rules for sentencing established a subjective rule of mens rea c and d Question 9 The criminal law is concerned with: a sociological understanding of the offender a psychological understanding of the offender standards of proof both b and c behavioural conditioning Question 10 Medieval criminal law was: codified by the Romans established by the Catholic Church shaped by religion and superstition written in Greek strictly procedural Question 11 Which principles of law were important in the medieval period: presumption of innocence rules of evidence impartial jury trial legal definition none of the above Question 12 A long-time alcoholic defended himself against the latest of more than 100 arrests for public drunkeness by claiming that he could not resist the urge to drink and therefore lacked criminal intent. The U.S. Supreme Court court decided: not guilty: he could not control himself guilty, but insane guilty: the accused had free will guilty, accepting such a defence would entirely undermine criminal law both c and d Question 13 The Charter of Rights and Freedoms has tended to: expand trial by jury expand investigative powers of police limit use of illegally obtained evidence encourage gun ownership reduce government powers to raise taxes Question 14 Courts usually hear evidence of an accused’s previous convictions: after the verdict after all the other evidence after sentencing just before the jury retires to consider a verdict when they are for exactly the same offence Question 15 The Magna Carta of 1215 established: rules of evidence for all criminal trials common law for criminal trials common law for civil trials right to legal counsel none of the above Question 16 The conduct of public officials in investigations is regulated by: criminal law civil law administrative law procedural law Order in Council Question 17 Which of the following are defences to criminal charges: provocation necessity insanity economic deprivation a,b, and c Question 18 John is charged with trafficking but claims he was unaware that a small parcel he had delivered to an individual contained illegal drugs. This is the defence of: negligence misrepresentation necessity mistake qualified privilege Question 19 Alcohol intoxication is allowed as a partial defence to murder charges: when victim and accused are of the same gender when the accused is under age when the accused is certified insane never when the accused was so intoxicated they had no understanding of the nature and consequences of their actions Question 20 People accused of criminal offences are: acquittted if they did not know that their acts were against the law guaranteed a judge who speaks their language presumed to know Canadian law acquitted if they come from a culture with different rules guaranteed trial by jury   Back to List of Chapters