Law 12 Review Test January 2013

1. What is the difference between law and laws?

a. There is no difference.
b. Law is the establishment of a common standard; laws are the tools to accomplish this
standard.
c. Law is the power of the state to make laws, or rules.
d. Law is arbitrary, laws are not.
2. Justice
a. can be equalled with law.
b. can be equalled with laws.
c. refers to equal treatment in the eyes of the law.
d. applies only to that segment of society it is designed to protect.
3. Which historical law does not constitute part of the Canadian legal system?
a. The Code of Hammurabi
b. Sharia Law
c. The Ten Commandments
d. The Napoleonic Code
4. What is a circuit judge? A judge
a. whose court room resembles a circus.
b. hat presents a circuitous judgment.
c. whose instructions to the jury are circuitous.
d. who travels to the back country at regular intervals in order to hold court.
5. What is stare decisis??
a. A legal concept.
b. Case Law.
c. To treat like cases alike.
d. To use discretionary powers.
6. Why is habeas corpus an important element of Canadian legal practice?
a. It follows British law.
b. It is Common Law.
c. It is a Statute.
d. It requires the state to justify an arrest.
Everone has the right to be secure against unreasonable search or seizure.
7. The right shown in the text box belongs into which section of the Charter of Rights and
Freedoms?
a. Fundamental Freedoms
b. Democratic Rights
c. Mobility Rights
d. Legal Rights

8. Which example would be 'unreasonable'?

a. Police produce a search warrant for the living room, but spot stolen computers in the adjacent
kitchen.
b. Police continue to search the suspect for drugs after he has told police to stop.
c. Police have arrested a suspect they believe to have weapons; so they search his jacket.
d. Border personnel conduct a strip search on a young man reeking of marijuana.
9. Which situation applies if school administrators believe a school locker contains illegal drugs.
a. School lockers are private; a search warrant must be obtained first.
b. School lockers belong to the school and are rented out; students have no expectation of
privacy.
c. School administrators can search suspected lockers because they act in loco parentis.
d. School administrators must wait for the student to be present before they can search a locker.
10. Any law passed by a Canadian legislature, no matter what level, has legal force if it follows the
a. Constitution
b. Statute
c. Common Law
d. Federal Law
11. The British North America Act of 1867, now known as the Constitution Act 1867, has divided
powers between the federal and provincial governments. If a province decided to create a new
criminal code offence this would be
a. acceptable
b. not acceptable
c. ultra-vires
d. intra-vires.
12. On what basis could a Charter challenge be launched?
a. A law or part of a law removes a right given to individuals under the Charter of Rights and
Freedoms.
b. The Constitution has denied a right.
c. A common law decision has not been codified, or written up as a statute.
d. A law limits a general right, such as the right to work.
13. Air India flight 182 was blown up in Irish air space in 1985, yet the trial for this terrorist plot
took place in Vancouver. Why?
a. Vancouver was the destination of this flight.
b. The plot for the bombing was hatched in Vancouver.
c. The terrorists came from Vancouver.
d. Most of the passengers were Indo-Canadians.
14. The Charter of Rights states in s.10(h) to be presumed innocent until proven guilty
according to law in a fair and public hearing by an independent and impartial tribunal.
This suggests that
a. a person arrested for committing an offence is guilty.
b. a person charged with an offence is guilty.
c. a person on trial for a given charge is guilty.
d. a person with enough evidence presented against them in a court of law is guilty.

15. Assume you have been charged with an offence. Why is it unncessary for you to prove your
innocence?
a. According to the Common Law, it is always the accuser who must present evidence of wrong
doing on the part of the accused.
b. According to the reverse onus clause, you must show that you did not do anything wrong.
c. It is not unnecessary for you to show your innocence, especially if you have an alibi.
d. Other than simply stating your name, you have the right to be silent.
16. Why was it beneficial for Oakes to claim the reverse onus clause?
a. It lowered the charge against him from trafficking to possession.
b. The charge presumed that possession equals trafficking; given the small amount of an illegal
substance in Oakes' possession, the presumed included offence violated the Charter and set an
example for other case law.
c. Laws that violate charter rights must be challenged so that the rights of Canadians are
guaranteed.
d. By admitting to possession, Oakes waived his right to silence.
17. Which of the following is not a factor when an act is considered to be a crime?
a. Serious harm.
b. Impact on society.
c. Settlement of the issue if out of court.
d. Society sees it as wrong.
18. S. 219(1) of the Criminal Code says: Every one is criminally negligent who (a) in doing
anything, or (b) in omitting to do anything that it is his duty to do, shows wanton or
reckless disregard for the lives or safety of other persons. Imagine you had just visited your
optician to have your eyes checked. As part of the exam, your optician has given you special
eye drops to enlarge your pupils, so that your doctor can have a good look at the inside of your
eyes. The doctor has not advised you that you should not drive home in your own car since the
day light would enter your eyes and blind you.
After the visit to the optician, you drive home with tremendous difficulties because you have
trouble seeing. As you approach the traffic light, you fail to notice that the light has changed.
You go through a red light, another car hits your vehicle and causes major damage. The police
arrives soon and charges you with s.219 (1).
What would the prosecution have to prove?
a. that you were driving and that you knew you could not see properly.
b. that you were driving and that you were reckless, in other words, that you took an
unjustifiable risk
c. that you knew you could not see properly but took the risk anyway and therefore not only
endangered yourself but others.
d.that you knew you could harm others by driving but deliberately chose to ignore the
possibility of causing harm.

19. Do you believe the optician should be charged?

a. No, because he was not driving.
b. Yes, because he did not advise his patient about the dangers of driving with dilated pupils.
c. Yes, because he conspired with the patient.
d. Yes, because he was the main perpetrator.
20. Would it be easier to prove the elements of s. 219 (1) or s. 253 Operating while impaired? S.
253 states Everyone commits an offence who operates a motor vehicle or vessel or
operates or assists in the operation of an aircraft or of railway equipment or has the care
or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion
or not (a) while the person's ability to operate the vehicle, vessel, aircraft or railway
equipment is impaired by alcohol or a drug.
a. the police office could easily see that the driver's pupils were dilated and that he would
have trouble seeing.
b. the police officer would know that the driver had just come from an optician and that he
likely was told not to drive; so he would have acted recklessly.
c. all that is required to show is that the driver who was in care and control of the vehicle
was impaired.
d. all the police officer would have to do is to demand a breathalyzer sample.
21. What is the difference between aiding and abetting?
a. Aiding means helping; abetting means to encourage.
b. Aiding means helping; abetting means to take a bet something will happen.
c. Aiding is helping; abetting is counselling.
d. There is no difference.
22. Why do most murder trials, despite the fact that murder is a serious offence to be dealt with by
the Supreme Court of a province, start at the Provincial Court level?
a. The role of the Provincial Court is to conduct the voir dire so that the murder trial at the
Supreme Court can go more smoothly.
b. The Provincial Court acts as a pre-trial court that is given the task to determine if there is
sufficient evidence to take the trial to the Supreme Court.
c. This is demanded by the rule governing the Supreme Court of Canada.
d. The Supreme Court is too busy to try all cases.
23. Refer to question 18. In question 18, the charge was based on reckless driving. Assume the
prosecution has failed to prove the essential element of consciously taking an unjustifiable
risk. What action would the defence take?
a. They would drop the charge.
b. They would move for dismissal.
c. They would bring in their own witnesses.
d. They would rebut the charge.

24. On what basis could judicial decisions be appealed?

a. Mistake in Law
b. Mistake in fact.
c. Mistake in law or in fact.
d. Based on a violation of Charter rights.
25. In question 18, there could be a dismissal. What would likely happen next?
a. Nothing.
b. The judge would order a new trial with the correct charge.
c. The optician would be charged.
d. The patient would sue the optician.
26. Why is it important to seal off a crime scene?
a. So that passers-by are not injured or shocked.
b. So that evidence is not contaminated.
c. So that witnesses can view the crime scene the way it was when the crime occurred.
d. So that evidence for both the prosecution and the defence can be found.
27. DNA evidence is often seen as fool-proof. Why is it still possible to find an accused not guilty?
a. Police mishandled the evidence.
b. DNA evidence is not conclusive.
c. It is possible for more than one person to handle DNA.
d. DNA evidence available no can not be used for crimes that took place before DNA
evidence was accepted in court.
28. What is a finger print?
a. DNA evidence
b. Direct Evidence
c. Indirect Evidence
d. Faulty Evidence
29. In Steven Truscott's case, police found tire tracks on the ground and believed they had been
made by Steven Truscott's bike. What was wrong about this conclusion?
a. The weather in Clinton had been extremely dry for a few weeks before the murder; it
would not have been possible to attribute the tire tracks to the murder of Lynne Harper.
b. There was no analysis done on the soil sample to see if the soil samples on Truscott's
bicycle tires would match up with the soil from Lawson's Bush.
c. For tire tracks to be an important piece of evidence, they should be freshly made as close
to the time of death as possible.
d. The tire tracks belonged to a car, the same car that Truscott said had picked up the victim.
30. Which two pieces of evidence did police rely on to charge Truscott with murder?
a. Witness reports that he had chatted up Jocelyn and tried to show her two ponies.
b. Lynne Harper's stomach content and injuries to Truscott's private parts.
c. Truscott's attempt to have one of his friends fabricate evidence, and his story about having
to baby sit.
d. His ability to make out colours of license plates and being seen crossing the bridge by his
friends.

31. What was the initial sentence?

a. Death by execution.
b. Death by hanging.
c. Death by lethal injection.
d. Death by electrocution.
32. How many judges heard Truscott's appeal at the Supreme Court?
a. Three
b. Five
c. Seven
d. Nine
33. What is the purpose of a bail hearing?
a. To satisfy the requirements of the Charter of Rights not to be denied reasonable bail
without just cause.
b. To ensure the treasury can profit from people accused of a crime.
c. To show why an accused represents a danger to society and should be kept in custody.
d. To show why the accused should go free until his or her trial.
34. Why was the ruling in Oickle significant?
a. It opened the door to admitting polygraph results as evidence into court.
b. It clarified procedures for polygraph tests.
c. It prohibited polygraph test results as evidence.
d. It allowed police observations of the suspect during polygraph testing to be included as
evidence.
35. Killing a police officer will always yield a charge of
a. Manslaughter
b. Second degree murder
c. First degree murder
d. Homicide.
36. Which element is required to prove a first degree murder charge?
a. intent
b. motive
c. planning
d. compulsion
37. Which item illustrates the escalation of an offence?
a. Assault, Assault with a weapon, Aggravated Assault
b. Manslaughter, Second Degree Murder, First Degree Murder
c. Sexual touching, Sexual Interference, Sexual Exploitation
d. Conspiracy, Piracy, Terrorism

38. Every charge against individuals could end up in a court of law if there is sufficient evidence to
convict. Every accused has the right to a defence. What would happen if an accused has no
defence counsel?
a. The court will appoint duty counsel.
b. Everyone is entitled to free legal aid if he or she cannot afford a lawyer.
c. The accused will defend himself.
d. The accused can his friend defend him or her.
39. Imagine A has been told by B to kill C. A has refused but B has pointed a loaded gun at A. A
therefore decides to kill C. What defence would you use to lower the charges from second
degree murder to manslaughter?
a. Automatism
b. Duress
c. Self-Defence
d. Necessity
40. Why can provocation be an important factor in lowering a charge?
a. It creates the argument that the victim is partly to blame for the crime against him or her.
b. It is the motive to do good that is important when the accused killed the monster rapist.
c. The accused is responsible for initiating the action; therefore he or she gets the full
penalty.
d. The victim was a party to the offence.
41. Which is not an element of sentencing?
a. Compensation
b. Rehabilitation
c. Denunciation
d. Restitution
42. There is often a disconnect between judicial sentencing and what the public perceives to be a
just sentence. Why is this?
a. Judges must take into account the severity of the offence, the history of the offender, and
measure their sentencing decisions against precedent with an eye on rehabilitation. The
public is not always ware of these complexities.
b. Judges must take into account society's need for protection and sentence accordingly.
c. Judges are accountable to Parliament for their sentencing decisions.
d. Parliament has made many laws without a minimum sentence; this leaves judges with a
lot of freedom to be lenient, and that is often criticized by the public.
43. Why have victim impact statements become important in making sentencing decisions?
a. Victims in criminal cases do not get compensation; it is their way of having their voices
heard.
b. Without victim impact statements, judges would have no guidance as to how to rule in
certain cases.
c. Victim impact statements help victims get back at the criminals by imposing stiffer
penalties.
d. Victim impact statements help reduce sentences.

44. The main purpose of the Juvenile Delinquency Act was to treat young people who committed
crimes as deviants who needed to be reformed. The result was that they were often put into
a. adult prisons
b. Special Youth detention facilities
c. Asylums
d. Training Schools
45. What did the introduction to Youth Crime reform do after the introduction of the Charter of
Rights and Freedoms?
a. Nothing
b. It criminalized offences done by young people but kept in mind their age and
vulnerability.
c. It made young people more accountable at a reduced level.
d. It created a two-tier criminal justice system.
46. One aspect of the new Youth Criminal Justice Act is to make young people accountable in such
a way that they receive meaningful sentences for the crimes they commit. Another reason is that
under the Young Offenders Act, more young people were in prison for minor crimes than was
warranted. Therefore, the goal of the Youth Criminal Justice Act is to
a. reduce custody
b. avoid custody
c. consider aboriginal status.
d. transfer custody to adult court at a faster rate.
47. What are extra-judicial sanctions?
a. These are strategies to help young offenders reform without having to serve time in
prison.
b. There are special homes made available where young offenders must report to on a
regular basis to have their progress of reintegration checked by a parole officer.
c. These are community-assisted programs that help young offenders.
d. These are programs such as home schooling where young offenders can finish school.
48. What is the purpose of conferencing?
a. Conferencing involves the coming together of different community groups to determine
how best to help a young offender.
b. Conferencing involves the young person be put on closed-circuit television with a video
link between his home and his parole officer when conditions apply to serve his sentence
at home.
c. Conferences are step-by-step interventions to slowly re-establish a link between the young
offender and society.
d. It is a method not to have the young person feel isolated from the community.