Deck 9: The Courts and Criminal Trial Procedure

Question 1

Yujin is accused of a crime and has made the decision to self-represent. During the trial, which of the following is NOT something that is often cited in self-representation?

A)going to trial where there are no real triable issues
B)not reading the disclosure or learning the Crown's case against him
C)not making accidental and damaging admissions
D)not calling the witnesses he needs

Answer 1

C

Question 2

In Canada, what is the right to legal representation based on?

A)statutory law
B)fairness
C)the common law
D)case law

Answer 2

B

Question 3

Which of the following is a protection that in theory every individual who is accused of a crime has?

A)the promise of effective representation
B)a right to change the court date
C)the possibility of having the charges stayed
D)a right to be released from remand

Answer 3

A

Question 4

What model of the function of the courts achieves justice through deterrence?

A)the justice model
B)the crime control model
C)the deterrence model
D)the bureaucratic function model

Question 5

Which of the following is NOT a factor that should be taken into consideration when deciding whether legal counsel is necessary?

A)language skills
B)marital status
C)education
D)financial situation

Question 6

Which of the following is one of the components of the "burden of the court" hypothesis?

A)the complexity of legal and evidentiary matters
B)the case will take longer to decide
C)consideration about the possible outcome of the trial
D)the characteristics of the accused, for example level of education, are an important consideration for all court actors

Question 7

What model of the functions of the courts focuses on the speed at which the courts can work?

A)the justice model
B)the crime control model
C)the deterrence model
D)the bureaucratic function model

Question 8

How many different court systems are at work in Canada?

A)12
B)13
C)14
D)15

Question 9

In what type of court does a judge sit alone to preside over and decide the proceedings?

A)crime control jurisdiction
B)due process model
C)general jurisdiction
D)limited jurisdiction

Question 10

During which case did the trial judge give a list of factors that should be taken into account when considering whether legal counsel is necessary?

A)R. v. White
B)R. v. Williams
C)R. v. Whitney
D)R. v. Wilhelm

Question 11

Which of the following are courts located in rural areas?

A)provincial/territorial courts
B)circuit courts
C)provincial/territorial superior courts
D)supreme courts

Question 12

According to the Hann and colleagues' study of nine provincial courts across Canada, what percentage of individuals charged with a criminal offence were not represented by legal counsel when they entered a plea?

A)between 1 and 18 percent
B)between 2 and 27 percent
C)between 6 and 46 per cent
D)between 12 and 62 percent

Question 13

What model of the function of the courts emphasizes the adversarial nature of the courts?

A)the due process model
B)the bureaucratic model
C)the crime control model
D)the justice model

Question 14

Which of the following represents a component of the bureaucratic function model regarding the adversarial nature of the courts?

A)it relies upon a neutral and imported decision maker
B)it is based on deterrence through lengthy punishments
C)it is between the accused and the accuser
D)it is between the ideal of justice and the realities of the bureaucracy

Question 15

Which of the following is a specialization of a court of limited jurisdiction?

A)homicide offences
B)indictable offences
C)motor vehicle violations
D)limited offences

Question 16

According to the Hann and colleagues' study of nine provincial courts across Canada, what percentage of individuals charged with a criminal offence were not represented by legal counsel for bail hearings?

A)between 1 and 18 percent
B)between 2 and 27 percent
C)between 3 and 72 per cent
D)between 6 and 51 percent

Question 17

Hussein self-represented and was charged with the crime he was accused of. He is now in the process of self-representing at the sentencing hearing. During the hearing, which of the following is NOT something that is often cited in self-representation?

A)knowing the arguments to make at sentencing
B)not knowing the mandatory sentence for certain offences
C)not being aware of or asking for a certain type of sentence
D)not mentioning improvements he has made in this life since the offence

Question 18

Kevin is working with legal counsel to represent him in court, and he hopes to have a neutral and impartial judge. He also hopes the prosecution and defence will have equal chances to present relevant evidence. Which model of the criminal courts does Kevin hope to experience?

A)due process model
B)crime control model
C)bureaucratic model
D)deterrence model

Question 19

According to the Hann and colleagues' study of nine provincial courts across Canada, what percentage of individuals charged with a criminal offence were not represented by legal counsel at their first court appearance?

A)between 2 and 38 percent
B)between 3 and 72 percent
C)between 5 and 61 per cent
D)between 6 and 46 percent

Question 20

What hypothesis was supported by the data collected by Hann and his colleagues?

A)the burden of the court
B)the burden of the judge
C)the burden of the accused
D)the burden of prosecutor

Question 21

Harvin is charged with an offence that allows him to select between trial by judge alone or by judge and jury. What type of court is he in?

A)a court of limited jurisdiction
B)a court of general jurisdiction
C)a court of minimal jurisdiction
D)a court of specific jurisdiction

Question 22

What is the only proof required prior to a criminal trial?

A)probable cause
B)the balance of probability
C)a statement to the police
D)beyond a reasonable doubt

Question 23

Curtis is charged with a criminal offence. If he is like most other individuals, what will he do in his first court appearance?

A)plead not guilty
B)plead guilty
C)request a continuance
D)request a stay of proceedings

Question 24

Which of the following is NOT one of the factors Tyler (2007) believes is necessary to enhance the public trust and lead to greater satisfaction and compliance with judicial decisions?

A)voice
B)fairness
C)respect
D)trust

Question 25

Which of the following are cases heard by the Supreme Court of Canada that result from a dissent over the case in a provincial/territorial Appeal Court concerning a QUESTION of law?

A)limited jurisdiction appeals
B)specific jurisdiction appeals
C)"as-of-right" appeals
D)general jurisdiction appeals

Question 26

Which of the following controls court procedures in Canada?

A)ministerial discretion
B)judicial authority
C)legislative authority
D)Crown prosecutors

Question 27

Which of the following can be referred to as a "higher" court?

A)provincial courts
B)provincial appeal courts
C)indictable courts
D)the courts of last resort

Question 28

Which of the following tasks is something a justice of the peace does NOT usually do?

A)provide police with search and seizure warrants
B)administer bail hearings
C)administer sentencing hearings
D)provide police with remand warrants

Question 29

What is the role of the Supreme Court of Canada when it uses its authority to interpret the law?

A)lawmaker
B)judicial
C)justice
D)law interpreter

Question 30

An accused admits to her defence lawyer that she committed the crime in QUESTION. If convinced that the admission is true, what can her lawyer do?

A)contest the case by objecting to legal issues, such as the evidence given by witnesses
B)suggest that another individual committed the crime
C)introduce evidence he believes is false
D)introduce evidence that has the purpose of establishing an alibi for the accused

Question 31

Essentially, the Supreme Court of Canada is which type of court?

A)criminal
B)law-making
C)appeal
D)legislative

Question 32

Which of the following does the Supreme Court of Canada have final authority over?

A)municipal law
B)international legislation
C)failures in the legal system to uphold fairness
D)interpretations of disputes

Question 33

Which role does the Supreme Court of Canada take on when it has to make a decision about the constitutionality of a law created by a province?

A)general jurisdiction
B)lawmaker
C)jurisdiction
D)rule of the law

Question 34

What is the aim of a defence lawyer?

A)to ensure that the criminal justice system operates fairly
B)to ensure that the community is protected
C)to ensure that justice is done for the victim(s)
D)to work out the best deal for his client with the prosecutor

Question 35

What standard of proof is required in order to convict a defendant in a criminal case?

A)probable cause
B)the balance of probability
C)a statement to the police
D)beyond a reasonable doubt

Question 36

In British Columbia in 2010, what percentage of cases from legal aid resolved before trial?

A)75 percent
B)80 percent
C)85 percent
D)90 percent

Question 37

Where is the Supreme Court of Canada located?

A)Kingston
B)Ottawa
C)Toronto
D)Vancouver

Question 38

Which of the following is a component of the courts of general jurisdiction?

A)a judge sitting alone presides over and decides every case
B)cases may be decided by a special subject-matter court
C)the majority of the cases involve minor criminal charges
D)justices of the peace are included in these courts

Question 39

Some provinces have what are referred to as "special subject-matter" courts. Which of the following is an example of one of these courts?

A)family violence
B)theft under $5,000
C)indictable offences
D)hybrid offences

Question 40

What type of guilt is involved when an individual is found guilty in a criminal court?

A)factual guilt
B)legal guilt
C)formal guilt
D)reasonable guilt

Question 41

Which of the following is NOT a selected power of Crown prosecutors listed in the textbook?

A)detaining the accused in custody
B)negotiating pleas
C)cross-examining defence witnesses
D)electing to proceed by way of summarily or by indictment

Question 42

How many witnesses does the accused (usually through the defence lawyer) have the right to cross-examine?

A)all of the witnesses
B)50 percent of the witnesses
C)80 percent of the witnesses
D)none of the witnesses

Question 43

What is a role of judges in the Canadian criminal justice system?

A)arbitrating disagreements between the prosecutor and defence lawyer
B)being subjective in their determination of guilt or innocence
C)accepting pleas from the defendant
D)making sure the defence has received all relative evidence from the Crown

Question 44

What must a plaintiff prove prior to the court deciding whether the Crown's prosecution was malicious?

A)the proceedings were initiated by a representative of the Crown
B)the proceedings must have ended in favour of the plaintiff
C)reasonable and probable grounds must have been present
D)the primary purpose must have been that of carrying the law into effect

Question 45

What is a fundamental right that accused persons have in the Canadian legal system?

A)the presumption of innocence
B)the right to change a plea
C)the right to select trial by judge and jury
D)the right to plead guilty or not guilty

Question 46

Which of the following is NOT a selected power of defence lawyers listed in the textbook?

A)making sure that full disclosure is provided by the Crown
B)cross-examining defence witnesses
C)appealing all apparent errors made during the trial
D)making sure evidence given by the Crown is constitutional

Question 47

Which term used by critics of the justice system describes prosecutors having to decide cases on the basis of expediency?

A)assembly-line justice
B)conveyor-belt justice
C)in and out justice
D)expedient justice

Question 48

What section of the Charter of Rights and Freedoms states that everyone has the right "to be presumed innocent until proven guilty according to law in a fair and public hearing"?

A)Section 10(a)
B)Section 10(b)
C)Section 11(c)
D)Section 11(d)

Question 49

In which of the following cases did the Supreme Court of Canada reject the idea that Crown prosecutors are immune from civil liability?

A) Dix v. Canada (A.G.)
B) Proulx v. A.G. of Ontario
C) Nelles v. Ontario
D) Johnstrone v. R.

Question 50

Which of the following is NOT an objective for a court to be considered independent?

A)security of tenure
B)financial independence
C)community involvement
D)administrative independence

Question 51

What did Freedman and Burke find in their study of the effect of pretrial publicity in the Paul Bernardo case?

A)only a weak relation existed between the amount of information heard by mock jurors and the ratings of guilt or verdicts either before or after the trial incident
B)only a limited negative effect existed on the verdict due to pretrial publicity
C)a significant relation existed between the amount of information heard by mock jurors and the ratings of guilt or verdicts either before or after the trial account
D)a significant relationship existed, but only for the male mock jurors

Question 52

What section of the Charter of Rights and Freedoms limits the freedom of the press in Canada?

A)Section 2(b)
B)Section 1
C)Section 11
D)Section 33

Question 53

What level of government has the right to limit the ability of the public or media to access and publish information pertaining to a criminal case?

A)federal
B)federal and provincial/territorial
C)provincial/territorial
D)provincial/territorial and municipal

Question 54

What stage of the criminal justice system occurs at the beginning of a criminal trial?

A)dispositional
B)adjudication
C)formal
D)legalistic

Question 55

In which type of hearing are publication bans mandatory on the evidence and information produced?

A)preliminary hearing
B)bail hearing
C)sentencing hearing
D)plea bargaining

Question 56

What area of law "required that those seeking a ban demonstrate that there was a real and substantial risk of interference with the right to a fair trial"?

A)common law
B)Charter of Rights and Freedoms
C)civil law
D)substantive law

Question 57

What are Crown prosecutors supposed to look for when they are evaluating evidence prior to a trial?

A)the strength of the evidence in case they want to plea bargain with the defence
B)whether or not there are any issues with the evidence
C)an estimate of the type of sentence a judge will hand out
D)whether or not there is a reasonable chance of conviction

Question 58

Which motor company trial accepted as evidence information divulged by a dying person?

A)General Motors
B)Chrysler
C)Ford
D)American Motors Corporation

Question 59

Susan has a friend who is on trial and she wants to attend court to support her friend. In Canada, which trials are usually open to the public?

A)provincial/territorial courts
B)Superior Courts
C)the Supreme Court
D)all courts

Question 60

Which section of the Criminal Code gives the judge the right to exclude the public from all or part of a trial if the judge feels that doing so is in the "interest of public morals, the maintenance of order, or the property order of administration"?

A)Section 481(3)
B)Section 486(1)
C)Section 493(5)
D)Section 495(1)

Question 61

When was a federal victim surcharge proclaimed?

A)1988
B)1989
C)1990
D)1991

Question 62

Our adversarial system of justice relies upon the effectiveness of both the prosecution and defence to discover the truth about the actions of the accused.

Question 63

What occurs when a jury does not follow the court's interpretation of the law in every situation?

A)jury dire
B)jury verdict
C)jury falsification
D)jury nullification

Question 64

If no fine is given in an indictable offence, what amount is the surcharge required?

A)$100
B)$150
C)$200
D)$250

Question 65

In theory, every individual accused of a crime comes to court protected by the presumption of innocence and the promise of effective representation by well-prepared defence counsel.

Question 66

Due to the increasing costs of litigation, more and more Canadians have started to represent themselves instead of hiring lawyers to look after their cases as they progress through all the stages of the criminal justice system up to and including a trial in criminal court.

Question 67

What can an individual appeal after having been found guilty of an indictable offence?

A)the length of the sentence
B)whether a jury determined guilt or innocence
C)whether the defence lawyer provided an inadequate defence
D)whether the trial evidence was found to be tainted

Question 68

In 2011-2012, what was the median amount of time it took to complete a court case?

A)117 days
B)121 days
C)138 days
D)143 days

Question 69

In 2013-2014, where did the greatest amount of surcharges come from?

A)Highway Traffic Act violations
B)Controlled Drug and Substances Act offences
C)violent abuse offences
D)robbery offences

Question 70

In 2011-2012, what type of offence had the longest case length to complete?

A)sexual assault
B)attempted murder
C)homicide
D)robbery

Question 71

What must Crown prosecutors do in their opening statements in a trial?

A)be impartial
B)present information that may excite and inflame the jury
C)express their personal opinion about the guilt of the accused
D)state to the jury that the Crown is satisfied with the guilt of the accused

Question 72

When does the jury have a role in sentencing after the accused has been found guilty?

A)robbery charges
B)sexual assault charges
C)second degree murder charges
D)infanticide charges

Question 73

Most Canadians qualify for Legal Aid.

Question 74

In 2011-2012, which province/territory had the longest median time to complete a court case?

A)Ontario
B)Quebec
C)Nova Scotia
D)British Columbia

Question 75

Unfortunately, you have been accused on three different charges. What is the acceptable number of days you would expect for completion of your trial?

A)81 days
B)101 days
C)132 days
D)147 days

Question 76

What type of evidence in a court trial is given by eyewitnesses?

A)indirect evidence
B)direct evidence
C)substantive evidence
D)real evidence

Question 77

What kind of evidence occurs when a witness reports hearing something from someone else?

A)circumstantial
B)hearsay
C)direct
D)factual

Question 78

On what grounds can the prosecution appeal a court decision involving an indictable offence?

A)a jury determined the guilt or innocence of the accused
B)the judge's instructions to the prosecutor during the trial process
C)QUESTIONs of fact
D)issues involving a point of law

Question 79

In 2011-2012, what type of offence had the shortest case length to complete?

A)sexual assault
B)attempted murder
C)homicide
D)robbery

Question 80

In 2013-2014, victim surcharges were collected and mandatory, and were higher than the year before by what percentage?

A)5 percent
B)10 percent
C)45 percent
D)60 percent