Law 12 – Final Exam - AL Fortune Secondary

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Law 12 – Final Exam

Multiple Choice

Law 12 Final Exam

Multiple Choice

Directions: On the marking sheet provided, choose the BEST response to the following questions. DO NOT MARK THIS BOOKLET.

1.

What is a crime? a. A wrong inflicted against an individual. b. A wrong inflicted against society. c. A wrong that leads to or involves violence. d. An act that hurts someone.

2.

In Canada what level of government makes criminal law?

a. All levels of government.

b. The federal government.

c. The provincial governments.

d. Municipal governments.

3.

In most cases, for an act to be considered a crime two elements must be present.

These are; a.

actus reus and mens rea. b.

haebus corpus and corpus delecti. c.

comission and commission. d.

ruthlessness and violence.

4.

All of the following citizen rights came before the Canadian Charter of Rights and

Freedoms EXCEPT; a.

Bill of Rights b.

Declaration of Independence c.

Declaration of the Rights of Man and the Citizen d.

Magna Carta

5.

This term is used to describe the phrase; “No man is above the law”. a.

Equality of Rights b.

Habeus Corpus c.

Ultra Vires d.

Rule of Law

6.

This person represents the government in a criminal law case a.

Plaintiff b.

Crown Attorney c.

District Attorney d.

Defendant

7.

What right does a citizen gain by habeas corpus? a.

To face his/her accuser in court. b.

To walk the streets safely. c.

Not to be arrested without cause. d.

Not be held in prison without trial.

8.

Which of these legal documents protects the rights of the individual against government interference? a.

Aboriginal law. b.

The Charter of Rights and Freedoms. c.

The War Measures Act. d.

The Canadian Constitution.

9.

Which of these situations would be covered by the Criminal Code of Canada? a.

An argument between over a contract. b.

A case of racial discrimination. c.

An employer who did not pay the minimum wage. d.

A burglar apprehended by the police.

10.

From what country did Common Law originate? a.

England. b.

Canada. c.

Argentina. d.

France.

11.

When a judge follows precedent in making a decision he is following; a.

the written law. b.

the custom of that particular area. c.

previous judicial decisions. d.

what people generally think is fair.

12.

With what matters is Criminal law concerned? a.

Offences by individuals against the public. b.

Arguments between countries. c.

Arguments between individuals and the government. d.

Disputes between individuals.

13.

With what matters is Civil law concerned? a.

Enrique and Alisha being polite to each other. b.

Relationships between the federal and the provincial governments. c.

Private disputes between individuals or groups. d.

Treason or other traitorous acts against one's own country in time of war.

14.

The "notwithstanding" clause in the Charter is a clause which permits; a.

the federal government to break the Charter if national security is at stake. b.

governments to over-ride the Charter in times of war. c.

reasonable limits to be set on freedom. d.

provincial governments to violate the Charter in certain specified circumstances for five years.

15.

Which of these cases is an example of the use of the notwithstanding clause by a province? a.

The Quebec sign law. b.

Spot checks for drinking drivers in Ontario. c.

Aboriginal land claims in B.C. d.

Tobacco companies' right to advertise in Alberta.

16 Who brings an action to court in a civil law case? a.

The prosecutor. b.

The crown. c.

The plaintiff. d.

The defendant.

17.

The term “Suffrage” can best be described as; a.

what student have to do when listening to Mr. Trickey’s music b.

to be placed in bonds c.

to be given the right to vote d.

being arrested without just cause

18.

Whereas the _______________ was seen as a step forward for native rights in

Canada, the _______________ was viewed by Natives as a step backwards. a.

Royal Proclamation of 1763 / 1969 White Paper b.

Indian Act of 1982 / BNA Act of 1867 c.

1969 White Paper / Royal Proclamation of 1763 d.

Canada Act of 1982 / Charter of Rights and Freedoms

19.

Chinese immigrants have been discriminated against in the past with the creation of the; a.

railroad b.

“head tax” c.

“tea tax” d.

continuous passage

20.

An example of an indictable offence would be; a. speeding. b. failure to stop at a red light. c. murder. d. libel.

21.

The reason for committing an offense best describes;

a. a hybrid offense.

b. motive.

c. mischief.

d. regulatory offenses.

22.

Whereas ________ means intent to commit a crime, __________ means actually committing that crime. e.

actus reus / mens rea. f.

haebus corpus / corpus delecti. g.

mens rea / actus rea. h.

Mens rea / haebus corpus.

23.

_______________ is a person or persons who help plan or executes a crime. e.

Affinity f.

Euthanasia g.

Perjury h.

Party to a crime

24.

If encourage or incite someone to commit a crime, you could be charged with. e.

Aiding f.

Abetting g.

Ultra Vires h.

Rule of Law

25.

A person who helps a criminal escape or hides a criminal from the law is known as; e.

a party to a crime f.

convict g.

abetting h.

an accessory after the fact.

26. How are summary offenses different from indictable offenses? a. They are matters of Common Law. b. They are more serious crimes. c. They are listed in the Criminal Code. d. They are less serious crimes.

27. The time limit for laying a summary offence charge is; e.

2 months f.

6 months g.

1 year h.

5 years

28.

Brandon is driving at a very high speed down a city street, concentrating on his new

Ricky Martin CD, when he hits and kills an elderly pedestrian. What type of homicide charge would he be charged with? e.

1 f.

2 st nd

Degree Murder

Degree Murder g.

3 rd Degree Murder h.

Manslaughter

29.

What description best describes Euthanasia? e.

An argument between two people over a contract. f.

A case of racial discrimination. g.

Mercy killing. h.

A burglar apprehended by the police.

30. In which one of these situations is assault being committed? a. Threatening to hit someone. b. Bodychecking someone in a game of hockey. c. Sparring sessions in a boxing ring. d. A barber accidentally cutting his customer's ear off.

31.

James’ friend Adam bought himself a new Xbox 360. One night James decided to

“liberate” the Xbox from his friend. In the course of the theft, Adam confronted

James’ and in the struggle over the controller, Adam fell down the stairs and broke his neck, killing him instantly. James could be charged with; e.

1 f.

2 st nd

Degree Murder

Degree Murder g.

3 rd Degree Murder h.

Manslaughter

32.

If someone uses or threatens to use a weapon in the course of committing sexual assault, they would be charged with; e.

Sexual Assault (level 1) f.

Sexual Assault (level 2) g.

Sexual Assault (level 3) h.

Rape

33.

PAL is; e.

Protection and Liberty f.

Your best buddy g.

Possession and Acquistion License h.

the computer personality in the movie 2001 A Space Oddessy.

34.

Brian is out at a party. He decides to have fun by lighting screecher bombs (a type of fire cracker that squeals then explodes) and throwing them into the air. One of the screecher bombs lands on a neighbour’s roof, gets stuck in the gutter and then lights the wood shingles on fire. The house burns down. Brian would be charged with; e.

negligence f.

arson g.

assault h.

mischief

35.

In Canada, accepting money for sex is legal, however _______________ for sex is not. e.

advertising f.

bartering g.

bargaining h.

soliciting

36.

Judges can be called all of the following EXCEPT; a.

the bench b.

the court c.

his majesty d.

Justices

37.

Trial procedures in Canada are based on two opposing sides, the Crown and the Defense.

This is best described as; a.

an opposing system b.

an adversarial system c.

fair system d.

mens rea

38.

All declarations made under oath in front of a Judge is called; a.

being sworn in b.

witness c.

counsel d.

testimony

39.

The “Burden of Proof” is the responsibility of the; a.

Judge b.

Crown Prosecutor c.

Defense Counsel d.

Accused

Use the diagram provided to answer the following six questions;

40.

The person labeled “A” is the; a.

Witness b.

Courtroom Observers c.

Jury d.

Crown Prosecutor

41.

The person labeled “B” is the; a.

Accused b.

Court Clerk c.

Jury d.

Observer

42.

The persons labeled “C” are the; a.

Attorneys b.

Observers c.

Jury d.

Witnesses

43.

The person labeled “D” is the; a.

Court Clerk b.

Witness c.

Crown Prosecutor d.

Accused

44.

The person labeled “E” is the; a.

Accused b.

Court Clerk c.

Witness d.

Observers

45.

The person labeled “F” is the; a.

Accused b.

Crown Prosecutor c.

Witness d.

Court Clerk

46.

When the jury is chosen or “empanelled” if the Crown or the Defense do not want a person on the jury they can; a.

object b.

complain c.

challenge d.

file a report

47.

The purpose of _______________ a jury is to prevent the jurours from being influenced by outside information or anybody interested in the case. a.

sequestering b.

arraigning c.

challenging d.

empanelling

48.

All of the following are reasons or excuses for being exempt from jury duty EXCEPT; a.

if you are a doctor b.

if you have spent some time in prison c.

if you are married to a police officer d.

if you need to work

49.

Both a Judge and a ______ can issue a __________ a.

crown counsel / verdict b.

Witness / notice to appear c.

Jury / verdict d.

Jury / sequester

50.

The first step in the trial process is the ____________ or reading of the charge to the accused. a.

arraignment b.

empanelling c.

sequestering d.

subpoena

51.

The act of lying on the witness stand or providing false evidence is; a.

affirmation b.

perjury c.

oath d.

cross-examination

52.

If a witness does not want to give evidence, the court can issue a _________ and if they still refuse, they can be charged with ______________. a.

subpoena / contempt of court b.

bench warrant / perjury c.

subpoena / perjury d.

peremptory challenge / contempt of court

53.

Which of the following is the correct order when presenting evidence in court?

1.

Defence presents evidence

2.

Crown may crossexamine witness

3.

Crown may reexamine witness

4.

Defence may recross-examine with judge’s permission

5.

Crown starts with examination of witness

6.

Defense may cross-examine witness

7.

Defence may reexamine witness

8.

Crown may make rebuttal

9.

Defence may make surrebuttal.

1.

Crown starts with examination of witness

2.

Defense may cross-examine witness

3.

Crown may reexamine witness

4.

Defence may recross-examine with judge’s permission

5.

Defence presents evidence

6.

Crown may crossexamine witness

7.

Defence may reexamine witness

8.

Crown may make rebuttal

9.

Defence may make surrebuttal.

1.

Crown starts with examination of witness

2.

Crown may crossexamine witness

3.

Crown may reexamine witness

4.

Defence may recross-examine with judge’s permission

5.

Defence presents evidence

6.

Defense may cross-examine witness

7.

Defence may reexamine witness

8.

Crown may make rebuttal

9.

Defence may make surrebuttal.

1.

Defence presents evidence

2.

Defense may cross-examine witness

3.

Defence may reexamine witness

4.

Defence may recross-examine with judge’s permission

5.

Crown starts with examination of witness

6.

Crown may crossexamine witness

7.

Crown may reexamine witness

8.

Crown may make rebuttal

9.

Defence may make surrebuttal.

A

B C D

54.

If Kyle testifies on the witness stand that the accused, James was with him across town the night that the crime took place, then James is said to have; a.

an excuse b.

a true friend c.

an alibi d.

a duress

55.

_______________ is a defense if a person is found in possession of an unpaid item as he walks out of a store, where ____________ is a defense of a person charged with assaulting another person during a rough body check during a hockey game. a.

mistake of fact / intoxication b.

honest mistake / consent c.

entrapment / consent d.

mental disorder / automatism

56.

All of the following are goals in punishing offenders EXCEPT; a.

deterrence b.

rehabilitation c.

retribution d.

alienation

57.

When determining the sentence regarding the assault of an individual, the judge may take into consideration evidence that defined the accused hatred of the victim prior to the assault. This would be an example of; a.

aggravating circumstances b.

mitigating circumstances c.

reasonable doubt d.

negligence

58.

Restitution is; a.

a terrible, horrible thing that should never be imposed on anyone b.

having the Crown make recommendation for sentencing c.

having the offender repay the victim d.

having the victim have a say in the verdict

59.

____________ is the term used to describe the time spent in custody BEFORE the accused is actually found guilty. a.

Rehabilitation b.

Incarceration c.

Deportation d.

“Dead Time”

60.

A criminal who has little hope of ever being paroled due to the severity and heinous nature of his or her crime is given the label; a.

dirty, rotten scoundrel b.

psychotic c.

lawyer d.

dangerous offender

61.

Restorative justice focuses on; a.

suffering and the healing of the victim b.

punishing the offender c.

imprisonment d.

capital punishment

62.

The person who wishes to appeal a conviction is called the; a.

respondent b.

victim c.

appellant d.

crown

63.

If Kyle was released from prison after only serving 3 years of a 5 year sentence, provided he attended counseling and met with an agent of the court, he would be; a.

one lucky s.o.b. b.

performing restitution c.

given a suspended sentence d.

on parole

64.

___________ is insurance that guarantees a person’s honesty and can be trusted to handle money or other valuables. a.

pardoning b.

bonding c.

appealing d.

restitution

65.

If you are convicted of first degree murder you are; a.

staying in jail for a minimum of 25 years b.

one sick puppy c.

off to maximum security prison d.

all of the above and more

66.

The ___________ replaced the ___________ to deal with criminal offences committed by persons between the ages of 12 and 17. a.

Young Offenders Act / Youth Criminal Justice Act b.

Youth Criminal Justice Act / Young Offenders Act c.

Young Offenders Act / Criminal Code of Canada d.

Youth Criminal Justice Act / Juvenile Delinquents Act

67.

After catching a 13 year-old youth shoplifting a police has all of the following options available to him EXCEPT; a.

talk to the youth before taking him home to his parents b.

take him to the nearest correctional facility and lock him up for 24 hrs c.

record and file the incident, but let the youth go without charges being laid d.

lay charges of theft

68.

In the case of a serious criminal offence, a youth can be transferred to an adult court but only if they are; a.

12 years or older b.

13 years or older c.

14 years or older d.

15 years or older

69.

________________ means that after a youth is found guilty of a relatively minor crime such as theft under $5000, they will not be convicted and will be released without any legal punishment. a.

Suspended sentence b.

Absolute discharge c.

Open custody d.

Secure custody

70.

If a youth is found guilty and then sentenced to a “youth prison”, the legal term used to describe this type of incarceration is; a.

secure custody b.

open custody c.

custody d.

imprisonment

71.

A ___________ is a wrong against an individual, not society. a.

criminal act b.

youth crime c.

hate crime d.

tort

72.

In Civil Court, the person bringing the case against the defendant is called the; a.

crown prosecutor b.

district attorney c.

witness d.

plaintiff

73.

_______________ is the term used to describe the process of sueing anther person in

Civil Court. a.

Tort b.

Litigation c.

Arraignment d.

Cause of Action

74.

This is often called “the People’s Court”. a.

Small Claims Court b.

Provincial Court c.

Supreme Court d.

Court of Appeals

75.

Which is in correct order?

1.

Federal Court

2.

Supreme Court

3.

Court of Appeal

4.

Small Claims

Court

5.

Provincial

Supreme Court

A

1.

Supreme Court

2.

Provincial

Supreme Court

3.

Small Claims

Court

4.

Court of Appeal

5.

Federal Court

B

1.

Provincial

Supreme Court

2.

Small Claims

Court

3.

Federal Court

4.

Court of Appeal

5.

Supreme Court

C

1.

Small Claims

Court

2.

Provincial

Supreme Court

3.

Court of Appeal

4.

Federal Court

5.

Supreme Court

D

76.

Negligence as all of the following characteristics EXCEPT; a.

the victim is family b.

the action is unintentional c.

it is unplanned d.

an injury occurs

77.

Alisha throws a snowball at Brynn. When the snowball hits Brynn, it hits her in the eye, permanently scratching her cornea, resulting in partial loss of sight. Brynn can sue

Alisha for negligence because Alisha, as a “reasonable person” should know that; a.

snowballing is not allowed on school property b.

the snowball could have hit Brynn and an injury could result c.

a face-washing is more effective at “cooling” Brynn off d.

none of the above, because we know that Alisha will never be a reasonable person

78.

The idea that a reasonable person in a similar circumstance could have predicted the possible injury of another due to an action or inaction best describes; a.

foreseeability b.

tort c.

causation d.

standard of care

79.

In order to be successful in a negligence trial a plaintiff must prove that the defendant was negligent in his duty of care and that their was ____________, or that the negligent conduct caused the defendant harm. a.

foreseeability b.

tort c.

causation d.

standard of care

80.

When you pay for a ticket to go see a hockey game and you get hit by a puck while you are stuffing your face with a foot long hot dog and a gallon of coke, you would probably not be able to sue the hockey team, the player who shot the puck or the area because the simple act of you attending a hockey game means that; a.

you understand that it was your fault for not watching the game b.

you would have to wrestle the puck from the ten year-old next to you who grabbed it off the floor after it bounced off your face, as proof. c.

there is a voluntary assumption of risk when attending a hockey game d.

you are technically trespassing, because you don’t personally know the owner of the arena, the owner of the hockey team, or the player who hit you with the puck

81.

In some cases of negligence, both the plaintiff and the defendant can be found to be partly responsible for the injure incurred. This is called; a.

contributory negligence b.

voluntary assumption of risk c.

inevitable accident d.

causation

82.

All of the following are examples of “allurement” that could be cited in a negligence case

EXCEPT; a.

a pool b.

a trampoline c.

a college co-ed car wash d.

a fence

83.

A student or store customer is a(n) ____________ whereas a friend invited for dinner is a(n) ______________. a.

licensees / invitees b.

trespasser / licensees c.

invitees / trespasser d.

invitees / licensees

84.

Provincial Acts that define what constitutes invitees, licensees and trespassers are often called; a.

Occupiers Liability Acts b.

Negligent Acts c.

Guest Acts d.

Supercalafragalisticespealadocious Acts

85.

An example of “vicarious liability” would be the responsibility of; a.

Protestant priests to shovel their walkways into the church b.

someone putting up a fence around their backyard pool c.

a pub owner making sure that someone doesn’t drive home drunk d.

a person lending their vehicle to someone else who is competent and safe driver

86.

The following cartoon is making reference to; a.

Occupier’s liability b.

Voluntary Assumption of Risk c.

Medical Negligence d.

Duty of Care

87.

_______________ is the fear that some harm will come to you, ____________ is the actual physical touching of another without their consent. a.

Assault / battery b.

Battery / assault c.

Libel / slander d.

Slander / libel

88.

Defamation is the unjustified or untrue attack on a person’s reputation. More specifically, _______________ is the verbal defamation of one’s character whereas

_____________ is the publication or broadcast of defamatory comments. a.

assault / battery b.

battery / assault c.

libel / slander d.

slander / libel

89.

Two neighbours are having a “spat”, neighbour A knows that neighbour B is having a wedding reception in his yard for his daughter. The day of the event neighbour A decides to spray his field with manure fertilizer on his property which is adjacent to the wedding reception. As a result, some of the spray drifted over the property line and several guests complained of not being able to get the smell out of their clothes.

Neighbour B has just cause to sue neighbour A for; a.

negligence b.

nuisance c.

libel d.

assault

90.

In order to insure that politicians can speak freely about issues concerning the Canadian public, they are given ____________ which frees them from fear of being sued. a.

absolute privilege b.

qualified privilege c.

fair comment d.

fair dinkum

91. In what type of court are most accused persons tried for indictable offenses? e.

Provincial court. f.

Supreme court of a province. g.

Appeal court of a province. h.

Supreme Court of Canada.

92.

Brian is being __________ when the cop throws him in the back of his car. He is being ______________ when an actual charge of drinking in a public place and causing a public nuisance. e.

taken into custody/ reprimanded f.

arrested / detained g.

detained / arrested h.

summoned / arrested

93.

The police will use a ____________________ test to help determine whether a person has been drinking or not. A positive result will result in a ________________ test, often back at the police station. e.

roadside screening / breathalyzer f.

sobriety / roadside screening g.

breathalyzer / cavity h.

breathalyzer / roadside screening

94.

_______________ is used only to determine whether a person should be set free on bail prior to their trial, and is usually only used in severe cases such as murder. e.

bail f.

disclosure g.

duty council h.

reverse onus

95.

Selling stolen property or buying goods with stolen money is; a. wrong b. illegal c. laundering d. stupid

96.

Setting a trial over for a separate date is called a(n); a. disclosure b.

adjournment c.

remand d.

summons

97.

Amy decides to become a Crime Scene Investigator (CSI), or someone who uses the knowledge of science and medicine to solve investigations. Amy would have to major in

_______________ in university. a. Criminology b.

Family law c.

Forensic Science d.

Street Justice

98.

In order for a policeman to search a person for drugs, he must have _____________. a. back up. b.

a drug dog with him. c.

warrant for arrest d.

reasonable probable grounds.

99.

Amanda was driving around Edmonton, shortly after turning 18. Although she wasn’t drinking, she did have an accident involving another vehicle. In this case, Amanda banged into a parked car in the parking lot of the West Edmonton Mall. What must Amy do? a. leave the scene of the accident and hope nobody spotted her. b.

make sure that her car is ok, and then go shopping. c.

leave her name and number on the window of the damaged vehicle. d.

Laugh, back up, and then hit the car again.

100.

What is the legal age to marry in the province of British Columbia without parental consent? a.

16 b.

17 c.

18 d.

19

101.

_______________ is the act of marrying more than one person. It is _________ in

Canada. a.

monogamy / legal b.

monogamy / illegal c.

bigamy / legal d.

bigamy / illegal

102.

___________ is when the courts decide that a marriage never actually took place. a.

duress b.

annulment c.

divorce d.

separation

103.

To engage in voluntary sexual intercourse with another person outside of marriage is

_________. a.

disgusting b.

not fair c.

duress d.

adultery

104.

The spouse seeking a divorce is called the ___________ whereas the person who is being sued for divorce is _____________. a.

swinger / usually clueless as to what has been happening for the past 3 years b.

respondent / petitioner c.

petitioner / respondent d.

man-whore / nieve

105.

Before a couple can go ahead with a divorce, they must prove that they have been legally separated for at least; a.

3 months b.

6 months c.

9 months d.

12 months

106.

___________ is when two spouses who have been separated get back together. a.

Annulment b.

Speculation c.

Reconciliation d.

Divorce

107.

With regards to who get possession of the children in a divorce, _________ means who gets to have the children live with them, whereas ___________ means just being able to see your kids. a.

access / custody b.

custody / access

108.

The person who has been the _____________ has been the person who has principally been responsible for such things as; making sure they got to school, taking them to the doctor, cooking and cleaning for them and interacting with them outside of school. a.

main parent b.

primary caregiver c.

secondary caregiver d.

dude

109.

In order for a Judge to seriously consider the wishes of the child as to who they would prefer to live with, the child would have to be at least ________ years- old. a.

8 b.

10 c.

12 d.

14

110.

All of the following would be factors that would drastically determine child custody

EXCEPT; a.

alchohol or drug use b.

violence c.

adultery d.

abuse

7.

8.

9.

10.

4.

5.

2.

3.

6.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

Law 12 – Final Exam Answer Sheet

Law 12 – Final Exam Answer Sheet

Directions: Mark your multiple choice responses on this sheet.

A B C D A B C D A B C D

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



















24.

25.

26.

27

28.











29.. 

30.

31.





32.. 

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.





















45.



46.



47.



48.



49. 

50.



51.



52.



53.



54.



55.



56. 

57.



58.



59.



60.



61.



62..



63. 

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.





























 

78.

79.

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.





























92.

93.

94.

95.

96.

97.

99.

100

101

102

103

104

106

107

108

109













98.













105.

110.















1.

What must be done before the courts will recognize a separation? How can couples go about doing this?

2.

Define what “plea bargaining” is and describe why it is such an important part of our legal system.

3.

What are the advantages of Trial by Jury? What are the advantages of Trial by Judge?

4.

In your own words describe the key components of Negligence and provide your own example.

5.

Describe why a civilized society needs criminal law and why it is important for governments to have the power to make and change the laws of a country.

Part II – Written Response

Directions: Identify which question you are answering and then write your response in the space provided.

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I have chosen to answer question # _________

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