Question: What is the difference between horizontal and vertical stare decisis?
Horizontal stare decisis applies to lower courts, while vertical stare decisis applies to higher courts.
Vertical stare decisis applies to lower courts, while horizontal stare decisis applies to higher courts.
There is no difference between horizontal and vertical stare decisis.
Answer: Horizontal stare decisis applies to lower courts, while vertical stare decisis applies to higher courts.
Question: __________ is the impact of poking holes in a condom assessed at the fraud vitiating consent stage.
Answer: R v Hutchinson (SCC) (2014)
Question: What was the outcome of the Manitoba Prostitution Reference in 1990?
Answer: The SCC decided that the criminalization of sex work did not violate the Charter.
Question: Did the trial judge have jurisdiction to refuse to follow the 1990 decision in R v Bedford?
Answer: True
Question: What is the main purpose of reading an appellate decision?
Answer: To understand the majority position, concurring opinions, and dissenting opinions.
Question: Crimes in Canada are divided into felonies and misdemeanors.
Answer: False
Question: In order to obtain a conviction in Canada, the Crown (prosecutor) must prove all elements of the offence beyond a reasonable doubt.
Answer: True
Question: Which answer best describes you right now?
I came to law school wanting to practice criminal law
I am open to practicing criminal law
I know that I will never practice criminal law
Answer: I am open to practicing criminal law
Question: If you answered #1 or #2 - do you see yourself in the long run as a Crown Attorney or Defence Counsel?
Crown (Prosecutor)
Defence
Answer: Crown (Prosecutor)
Question: Crimes in Canada are divided into ________ and ________.
Answer: felonies and misdemeanors
Question: Describe the burden of proof required for a conviction in Canada.
Answer: The Crown (prosecutor) must prove all elements of the offence beyond a reasonable doubt.
Question: Crimes in Canada are divided into categories based on severity.
Answer: False
Question: What percentage of students in this course are open to practicing criminal law?
20%
63%
16%
Answer: 63%
Question: To obtain a conviction in Canada, the Crown must prove all elements of the offence beyond a ________ ________.
Answer: reasonable doubt
Question: Explain the difference between a Crown Attorney and a Defence Counsel in the Canadian legal system.
Answer: A Crown Attorney represents the government in prosecuting criminal cases, while a Defence Counsel represents the accused.
Question: A stranger who sees a person being assaulted and does nothing is guilty of aiding and abetting the crime
Answer: True
Question: You are guilty of trafficking in drugs in Canada if you simply pass drugs from one person to another
Answer: True
Question: The current Chief Justice of the Supreme Court of Canada is Beverley McLachlin
Answer: False
Question: Which of these SCC cases are you most familiar with?
R v Martineau
Bedford v Canada
R v Morgantaler
USA v Burns
R v Oakes
Carter v Canada
R v Golden
Answer: R v Oakes
Question: What does an important part of law school teach students to do?
Answer: Learn to 'think like a lawyer'
Question: HOW do we get you to 'think like a lawyer' THROUGH COURSE WORK?
Answer: Case method, Reading and briefing appellate cases, How to brief a case, Answering hypothetical exam questions
Question: Are you satisfied with the result of the case? How would you have decided the case?
Answer: Reflect on key facts, relevance of facts, consistency with equality values, implications for future cases, respect for constitutional limits
Question: What is the main focus of Substantive Criminal Law in the course?
Answer: Understanding the elements of offences, available defences, and applying statutory law with precedent
Question: How does the course aim to enhance justice in the criminal justice system?
Answer: By exploring just approaches to establishing boundaries, assigning blame, and excusing individuals
Question: Is criminal law only under federal jurisdiction?
Answer: True
Question: What is the burden of proof in criminal cases?
Balance of probabilities
Beyond a reasonable doubt
Preponderance of evidence
Answer: Beyond a reasonable doubt
Question: ______ must establish elements beyond a reasonable doubt in criminal cases.
Answer: Crown
Question: Describe the role of criminal courts in determining guilt.
Answer: Criminal courts have an adjudicative function to determine if the Crown can prove the offence and an interpretative function to ensure constitutional standards are met.
Question: Is it necessary for criminal law to be fixed and certain?
Answer: True
Question: What is the purpose of statutory interpretation in criminal law?
To create new laws
To interpret existing laws
To abolish laws
Answer: To interpret existing laws
Question: _________ are preserved in criminal law even though there are no common law crimes.
Answer: Common law defences
Question: Explain the importance of avoiding retroactive criminal laws.
Answer: Retroactive criminal laws violate the principle of legality and fairness by punishing individuals for actions that were not illegal at the time.
Question: Is the interpretation of Criminal Code provisions solely the responsibility of the legislative branch?
Answer: False
Question: What is the main function of criminal courts in determining guilt?
To protect the accused
To ensure justice
To determine if the Crown can prove the offence
Answer: To determine if the Crown can prove the offence
Question: What is the principle of fundamental justice related to arbitrariness?
Answer: Arbitrariness is a violation of the principles of fundamental justice.