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CLU3M Law chapter 7 questions and answers

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A: The Criminal Court Structure p162-168
Answer # 1-8 on page 168
1. a,
2. x
3. a, first degree murder- a federal statute
b, careless driving- a provincial statute
c, parking in a no parking zone- municipal
4. The purpose of preliminary hearings are to inquire whether there is sufficient evidence to put
the accused person on trial in a higher court. It protects the accused person from an
unnecessary trial. It also protects the Crown and the public from the expense of a trial that may
not be required. Preliminary hearings are conducted by the Provincial Court’s Criminal Division
and it is the first contact the accused person usually makes with the court.
5. The three choicces are:
1. to choose or elect to be tried by a judge alone in a provincial court.
2. to choose or elect to be tried byy a judge alone in a Superior Court
3. to choose or elect to be tried by a judge and jury in Superior Court.
6. a, the Superior Court of Justice.
b, Provincial Court
c, Provincial Court
d, the Superior Court of Justice.
7. The highest court of appeal is the Supreme Court of Canada. It deals with constitutional
questions referred to it by the federal government. It has strictly an appeal court and it generally
grants leave, or permission to appeal, only for national significance or when the decisions
conflict in the provincial appeals courts.
8. Since the Supreme Court only deals with cases that have national significance or when
decisions conflict in the provincial courts. THe Supreme Court is the highest Court and does not
need to hold trials for small matters that do not have such a huge significance to the entire
nation nor do they threaten a fairly large amount of people.
1. A justice of the peace has less authority than a judge but can perform a number of judicial
functions. A justice of peace can issue an arrest or search warrants and hear bail applications.
In some jurisdictions, this court official can hear cases involving infractions of municipal bylaws
and certain provincial statutes.
2. The duty counsel can provide free legal advice. This is one of the fundamentals of justice
because an uneducated person who does not have much knowledge about the situatuoion that
they are placed in, may need some assistance in figuring out on how to make the best decision
for themselves.
3. Crown attorneys represent the government’s interests in investigating and punishing criminal
offences. They must prepare the government’s case by researching the law, assembling the
evidence for trial, reviewing exhibits, and taking statements from witnesses.
4. The court clerk assists the judge by keeping a record of the trial exhibits, administering oaths,
and announcing the beginning or end of the court session. The court operator records
everything said in a court trial using an electronic device. The court reporter can produce a
transcript of the trial if one is required.
5. I believe that a good witness should be honest, brave, observant and have a good memory to
recall exact details of events to give accurate information to the judge for the trial.
6. In order to be convicted you must be proven guilty beyond a reasonable doubt.
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