Deck 2: The Criminal Law and Its Process

Question 1

Which statement best describes common customs and traditions (mores and folkways) in preliterate societies?

A) They were the equivalents of law.
B) They were not considered law since they were not written.
C) They were usually punishable by death.
D) They were violations of the Code of Masaai.

Answer 1

They were the equivalents of law.

Question 2

Which sanction is the basis for punishment in the Code of Hammurabi?

A) exile
B) physical retaliation
C) fines paid to the king
D) making offenders repay money stolen

Answer 2

physical retaliation

Question 3

What is the earliest known written legal code?

A) mosaic code of the Israelites
B) Code of Hammurabi of the Babylonians
C) Twelve Tables of the Romans
D) common law of the British Isles

Answer 3

Code of Hammurabi of the Babylonians

Question 4

How was the Code of Hammurabi preserved?

A) It was recorded on papyrus sheets.
B) It was written on bronze plaques.
C) It was inscribed on basalt rock columns.
D) It was branded onto bull hides.

Question 5

Which concept would lead an ancient Babylonian thief to expect to have his hand cut off as punishment?

A) common law
B) stare decisis
C) lex talionis
D) wergild

Question 6

The Mosaic Code served as the foundation for Judeo-Christian moral teachings. What else did the Mosaic Code form the foundation of?

A) the present-day legal system
B) the Code of Hammurabi of the Babylonians
C) the Twelve Tables of the Romans
D) the common law of the British Isles

Question 7

What were the Twelve Tables?

A) the plates on which the Code of Hammurabi was inscribed
B) a legal term for Sumerian justice
C) the only surviving plates from the original Mosaic Code
D) the written law of Rome

Question 8

What train of thought dominated thinking during the Dark Ages?

A) Superstition and fear of magic and satanic black arts were common.
B) Crime was an inevitable event.
C) People committed crime only out of necessity.
D) Because murder and violent crimes were relatively rare, people felt safe.

Question 9

What was the system developed for criminals to compensate victims?

A) the ordeal
B) the wergild
C) the oath-helpers
D) the manorial court

Question 10

In the Dark Ages, who would get the most wergild for their family in the event of their murder?

A) a teenage female
B) an old woman
C) an Anglo-Saxon
D) a nun

Question 11

How was guilt determined in the early feudal period?

A) by ordeals, such as having the accused place his or her hand in boiling water to see whether God would intervene and heal the wounds
B) in formal courtroom settings
C) by assuming innocence and placing the onus on the accuser to prove guilt
D) by reverting to older legal codes from before the Dark Ages

Question 12

Who could help dispute guilt during trials in the Dark Ages?

A) bot
B) oath-helpers
C) gild-makers
D) plebeians

Question 13

What was the purpose of the ordeal?

A) to determine guilt
B) to determine the bot
C) to determine the wer
D) to determine the gild

Question 14

What is the judgment of the glowing iron an example of?

A) custom
B) ordeal
C) common law
D) punishment

Question 15

Before the Norman Conquest in 1066, which of the following was included in the legal system among Anglo-Saxons?

A) collecting money from the church to support anti-crime efforts
B) organizing community lynchings to deter people from committing crimes
C) overseeing duels between countrymen in land disputes
D) maintaining order among themselves and dealing with disturbances, fires, wild animals, etc.

Question 16

John, an early Englishman, has been accused of blasphemy against the church as well as refusing to participate in church ceremonies. Where would John's case be tried?

A) manor courts
B) holy-motes or ecclesiastics
C) hali-gemot
D) hundred-gemot

Question 17

How were crimes viewed during the period before the Norman Conquest?

A) as personal wrongs
B) as law violation
C) as social problems
D) as acceptable behaviour

Question 18

How would theft during the Anglo-Saxon era most likely be punished?

A) three years in a rough prison
B) cutting off of the hand
C) enslavement of the thief and his family
D) sentencing the thief to attend church regularly to improve his moral fibre

Question 19

What was the ideology of justice (sanctions) for victims with lesser injuries in the Anglo-Saxon era?

A) Harsh punishments removed undesirables from society.
B) Criminals needed to be executed to protect citizens.
C) Crimes with less serious injuries to victims were often overlooked.
D) Scales of compensation for lesser injuries were appropriate to settle private disputes.

Question 20

How would you characterize the English legal system prior to the Norman Conquest?

A) a highly centralized system controlled by the king
B) a system of law much the same as the common law system of modern England
C) a decentralized system guided by superstition and local custom
D) a religion-based system under the direct control of the bishop of Canterbury and the indirect control of the pope

Question 21

What is stare decisis?

A) when a legal principle set down in one case serves as a precedent for future cases
B) when the mala in se is applied to common law
C) a medieval practice in which the stars were consulted to make decisions in serious cases
D) when a law of chancery repeals previous rules established by the courts

Question 22

During the reign of Henry II, judges were appointed to go through the land and hear cases that had previously been under the jurisdiction of local courts. What were these referred to as?

A) crown courts
B) travelling judges
C) circuit judges
D) justices of the peace

Question 23

What does the modern-day usage of the term "common law" refer to?

A) the creation of criminal law by common legislation
B) a law applied to all subjects of the land without regard to geographic or social differences
C) a law created by the common intent of all citizens in a society
D) a common court system for all citizens of the land

Question 24

Why is common law also known as judge-made or case law?

A) because it is the law of the land
B) because it is enacted by legislation and interpreted by juries or common men
C) because it contains written legal definitions of crimes
D) because it is originally created and defined by judges

Question 25

Which statement best describes common law?

A) It is created by legislators.
B) It is created through democratic vote.
C) It is decided on a case by case basis.
D) It is based on decisions found in previously decided cases.

Question 26

Which act would be an example of a common law crime?

A) gambling
B) prostitution
C) drug-related offences
D) murder

Question 27

What case is the origin of criminal attempt laws and inchoate crimes?

A) the Massachusetts arson case, 1730
B) the Waltham Black Act, 1723
C) the Harrison Act, 1790
D) Rex v. Scofield, 1784

Question 28

Why is the Scofield case important?

A) It established the common law definition for arson.
B) It created a common law defence of entrapment.
C) It established criminal attempt as a common-law crime.
D) It verified the judicial powers of the circuit judges.

Question 29

You have unsuccessfully attempted to steal your professor's final exam. What is this an example of?

A) burglary
B) statutory offence
C) theft
D) inchoate crime

Question 30

What term refers to violations of legislation enacted by the English Parliament to supplement the judge-made common law?

A) substantive violations
B) parliamentary procedures
C) statutory crimes
D) mala in se crimes

Question 31

What do statutory laws usually reflect?

A) the well-being of the monarchy
B) existing social conditions
C) judicial consensus
D) the wishes of the church

Question 32

Which of the following is an example of a statutory law?

A) Narcotics Act
B) British North America Act
C) Frame Breaking Act
D) Constitution Act

Question 33

When was opium outlawed in Canada?

A) 1890
B) 1910
C) 1930
D) 1950

Question 34

When was the first Canadian Criminal Code established?

A) 1795
B) 1803
C) 1892
D) 1910

Question 35

When was the Police of Canada Act created?

A) 1818
B) 1868
C) 1920
D) 1968

Question 36

Which statement best describes the situation before the Confederation of Canada in 1867?

A) The military controlled the law.
B) Ontario set the bar for criminal justice standards.
C) The Police Act of Canada acted as the law.
D) There was no standard criminal justice system.

Question 37

What is the British North America Act best known for?

A) It gave the federal government exclusive power to create criminal law.
B) It created competition for the RCMP.
C) It exclusively refers to a partnership between the United States and Britain.
D) It made most pre-existing offences legal.

Question 38

What level of government creates bylaws?

A) municipal
B) federal
C) legislative assembly
D) provincial

Question 39

In the 17th century, what was practising witchcraft an example of?

A) carnal offence
B) offence against public order
C) male in se offence
D) tort offence

Question 40

What two broad categories can law be divided into?

A) criminal and general
B) civil and tort
C) criminal and civil
D) civil and indictable

Question 41

Which area of civil law is most similar in intent and form to criminal law?

A) contract
B) admiralty
C) tort
D) common

Question 42

What are false and injurious writings known as?

A) slander
B) gossip
C) libel
D) invasion of privacy

Question 43

With which of the following behaviours may a tort occur?

A) The act is solely the fault of the accused.
B) The act is an indirect cause of injury.
C) The act is non-violent.
D) The act is not protected by Charter of Rights and Freedoms.

Question 44

A woman is raped and her attacker is found guilty at trial. Can she sue him for damages in a civil action?

A) Yes, such a suit is legally permissible.
B) No, because it would be double jeopardy.
C) Yes, but only if he is not imprisoned by the court.
D) No, because rape is a crime and not covered by civil law.

Question 45

What is the most important similarity between criminal and civil law?

A) the standard of proof used
B) the length of punishment and severity of punitive damages
C) the penalties that can be set
D) the attempt to control people's behaviour by limiting permissible acts

Question 46

Why is tort law like crime in the middle ages?

A) They are both determined by a panel of judges.
B) They are both considered a private wrong.
C) They both orient to protecting the victim.
D) Both require that the burden of proof is beyond a reasonable doubt.

Question 47

What form of law requires "beyond a reasonable doubt" to be the level of evidence needed to reach a decision?

A) civil
B) criminal
C) tort
D) property

Question 48

Which statement is most descriptive of a civil action?

A) The state initiates the action.
B) The defendant's guilt must be proven beyond a reasonable doubt.
C) The injured party receives financial compensation for the harm done.
D) The state can impose punishment on the defendant.

Question 49

What is one key distinction between criminal law and tort law?

A) There is no money or compensation involved in tort law.
B) Tort law involves only sanctions of incarceration.
C) In tort law, guilt is established by a preponderance of evidence.
D) In tort law, the government always appeals decisions.

Question 50

What is the general distinction between indictable and summary offences based on?

A) intent of the criminal
B) seriousness of the crime
C) social class of the victim
D) social class of the criminal

Question 51

Crimes such as murder and rape are universally prohibited and are considered embedded in the moral code of Western civilization. What term refers to these crimes?

A) public order
B) mala in se
C) mala prohibitum
D) stare decisis

Question 52

What is an example of a mala in se crime?

A) possession of marijuana
B) possession of an unlicensed handgun
C) armed robbery
D) speeding

Question 53

Statutory law deals with issues of morality. As such, what can they be classified as?

A) mala prohibitum
B) mala in se
C) actus reus
D) corpus delicti

Question 54

What is an example of a mala prohibitum crime?

A) possession of marijuana
B) kidnapping
C) armed robbery
D) murder

Question 55

Which term refers to the type of admonition that has taken place when a child is told "Never talk with your mouth full"?

A) norm
B) more
C) folkway
D) social deviance

Question 56

Acts such as gambling and drug possession are criminalized to protect society. What type of crime are these examples?

A) strict liability
B) mala in se
C) mala prohibitum
D) stare decisis

Question 57

What is one key reason that the state discourages revenge?

A) It is costly to process offenders in the Canadian courts.
B) Revenge goes against morality and Canadian values.
C) Revenge breaks the social cohesion in Canadian communities.
D) State retaliation is greatly preferable to a system in which people would have to seek justice for themselves.

Question 58

Which of the following best describes one of the functions of a criminal code?

A) expressing public opinion and morality
B) compensating victims for crimes that happen
C) changing laws when necessary
D) maintaining social hierarchies

Question 59

Which term refers to the impact of criminal law felt through media and news accounts of long prison sentences?

A) specific deterrence
B) media hype
C) general deterrence
D) situational deterrence

Question 60

Which of the following best defines specific deterrence?

A) the ability of the offender to convince himself not to do the crime
B) when the offender commits another crime instead of committing the intended one
C) the power of the criminal law to sanction offenders
D) when the victim identifies the accused in court, thus stopping him from committing another crime

Question 61

What case made it illegal to keep something that was already in one's possession, and eventually led to the creation of fraud, embezzlement, and commercial theft laws?

A) the Donald Marshall case
B) the Carrier's case
C) the Lavalee case
D) the David Milgaard case

Question 62

Under what condition is neglecting to act on something defined as a crime?

A) if a religious teaching enforces it
B) if an authority figure endorses it
C) if there is a legal duty to act
D) if there is involuntary automatism

Question 63

According to the legal definition of a crime, what mental element must be proven?

A) mens rea
B) actus reas
C) mala in se
D) corpus delicti

Question 64

A man goes hunting with a friend and while in the field has a dizzy spell. When the hunter falls to the ground his gun goes off, killing his friend. Could he be convicted of murder?

A) No, if he can convince the jury that the act was involuntary.
B) No, since his friend volunteered to go hunting with him and knew the risks.
C) Yes, since he was careless and negligent.
D) Yes, since hunters have a special duty of care, which is greater than the average person.

Question 65

Which term refers to acting involuntarily even though you are committing a crime?

A) insanity
B) non-insane automatism
C) atomic alteration
D) specific deterrence

Question 66

Which term means the same thing as mens rea?

A) scienter
B) actus reus
C) criminal intent
D) the guilty act

Question 67

In the crime of burglary, what form of intent is the breaking and entering?

A) general
B) specific
C) criminal
D) inferred

Question 68

A gunman shoots at his target and misses. Unfortunately, an innocent bystander is killed. Can the killer argue that he is not legally guilty of murder because he did not intend to kill the victim?

A) No, because the intent is transferred from the target to the actual victim.
B) No, because he acted in a negligent fashion.
C) Yes, because murder requires the specific intent to kill.
D) Yes, because he lacked mens rea.

Question 69

Honest Ed purchased stolen merchandise from Sneaky Joe but Ed didn't know the material was illegally obtained. What principle prevents Honest Ed from being convicted of receiving stolen merchandise?

A) mistaken identity
B) mistake of fact
C) mistaken defence
D) duress

Question 70

What are white-collar crimes, such as pollution of the environment?

A) strict liabilities
B) transferred intent
C) constructive intent
D) victimless crimes

Question 71

What term refers to the intent that underlies the finding of criminal liability for an unintentional act, such as a death caused by drunk driving?

A) strict liability
B) constructive intent
C) in se intent
D) prohibitum intent

Question 72

What term refers to the type of crime that does not require mens rea to prove legal guilt because the crime endangers public welfare or violates safety regulations?

A) mala prohibitum
B) strict liability
C) mala in se
D) administrative

Question 73

A motorist is pulled over by a police officer for going 70 km/h in a 50 km/h zone. The driver explains that he wasn't paying attention and did not intend to violate the speed laws. Can he be given a ticket?

A) Yes, because traffic violations are strict liability offences.
B) Yes, because there was an actus reus.
C) Yes, because of the general intent doctrine.
D) No, because he lacked intent.

Question 74

What type of defence includes necessity, duress, self-defence, and entrapment?

A) excuses
B) ignorance of the law
C) mens rea defences
D) justifications

Question 75

Dirty Harry picks up a girl at a bar and has intercourse with her without asking for ID. He later finds out she is only 14 years old when he is charged for sexual relations with a minor female. Can he use the defence that he believed she was of legal age?

A) Yes, because he shouldn't have to ask for ID.
B) No, because "consent no defence" says that a person must take all the reasonable steps to ascertain the age of the complainant.
C) Yes, because "consent no defence" says that a reasonable person should be able to judge the age of another person fairly accurately, and if they're tricked, it's not their fault.
D) No, because her parents didn't consent to her having sex.

Question 76

When can ignorance of the law be an excuse?

A) never
B) if the person is not from the area
C) if the government fails to make enactment of the law public
D) only for minor offences

Question 77

What type of criminal prosecution defence occurs when the defendant's state of mind negates criminal responsibility?

A) self-defence
B) necessity
C) entrapment
D) insanity

Question 78

Where does the Criminal Code place the burden of proof to establish insanity?

A) on the defendant
B) on the prosecutor
C) on the judge
D) on expert witnesses

Question 79

What is a widely used test to determine legal insanity?

A) rule of thumb
B) McKenzie rule
C) insanity mandate
D) M'Naghten rule

Question 80

Is a person who gets drunk and kills someone in a bar fight criminally liable for his or her actions?

A) Yes, because voluntary intoxication is not an excuse for crime.
B) No, not if the other person was also drunk.
C) No, because intoxicated people are incapable of forming mens rea.
D) No, because murder does not require specific intent.