2460105
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Quiz von Maria Capricano, aktualisiert more than 1 year ago
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Erstellt von Maria Capricano
vor etwa 9 Jahre
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Frage 1
Frage
A trial is about speaking the truth
Antworten
- True
- False
Frage 2
Frage
Prior to the Charter of Rights and Freedoms, the balance was in favour of admissibility of evidence, no matter how it was obtained, as it was the best method for getting at the truth.
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- True
- False
Frage 3
Frage
Since the Charter, the balance has swung towards protection of individual rights, and evidence that has been obtained contrary to certain Charter principles is often excluded, with unpredictable results.
Antworten
- True
- False
Frage 4
Frage
Prior to the adoption of the Canadian Charter on Rights and Freedoms in 1982, the common law dealt with illegally or improperly obtained evidence in a very relaxed manner.
Antworten
- True
- False
Frage 5
Frage
Basically, there WAS a rule of law or judicial discretion to exclude evidence because of the improper or illegal method by which it was obtained.
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- True
- False
Frage 6
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The general rule of admissibility was that all evidence was
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relevant
-
probative
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true
-
reliable
Frage 7
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Once the Charter became law, the right to certain legal protections became the law of the land.
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- True
- False
Frage 8
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Everyone, EXCEPT a criminal suspect or an accused became entitled to the protection of the rights contained in the Charter.
Antworten
- True
- False
Frage 9
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What two things are still hotly debated in legal circles concerning evidence?
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how an accused should be treated in jail
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how many years should an accused receive for manslaughter
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balancing of the rights of the individual
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seeking the truth
Frage 10
Frage
Which sections of the Charter of Rights and Freedoms contain Legal Rights?
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sections 24-32
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sections 19-23
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sections 7-14
Frage 11
Frage
Which section says "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
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s.9
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s.8
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s.11
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s.7
Frage 12
Frage
Which is the search or seizure section?
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s.9
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s.6
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s.8
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s.0
Frage 13
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Everyone has the right not to be arbitrarily detained or imprisoned says which section?
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s.9
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s.2
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s.12
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s.10
Frage 14
Frage
Everyone has the right on arrest or detention to:
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be promptly informed of the reason for arrest/detention
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retain and instruct counsel without delay and to be informed of that right
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call their mom and tell them that they have just been arrested
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have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
Frage 15
Frage
Which section deals with unreasonable delay, reasonable time, not to be compelled and presumption of innocence until proven guilty?
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s.11
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s.9
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s.19
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s.1
Frage 16
Frage
Cruel and unusual punishment is covered by which section?
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s.14
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s.4
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s.8
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s.12
Frage 17
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Incriminating evidence is covered in section 13:
Antworten
- True
- False
Frage 18
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If I don't speak English or French I cannot get someone to help me in court
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- True
- False
Frage 19
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Section 14 deals with foreign languages and people who are hearing impaired.
Antworten
- True
- False
Frage 20
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The exclusion of illegally or improperly obtained evidence is an EXTREMELY POWERFUL REMEDY for the violation of constitutional rights.
Antworten
- True
- False
Frage 21
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Section 24(2) contains the remedy for exclusion of improperly obtained evidence.
Antworten
- True
- False
Frage 22
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What is likely to happen if it is found that the admission of evidence obtained in violation of an accused person's Charter rights?
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He could be imprisoned
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He could be flogged
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Case could be dismissed
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He could receive 25 years
Frage 23
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The exclusionary rule is NOT controversial at all in Canada.
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- True
- False
Frage 24
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Section 24(1) deals with Enforcement
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- True
- False
Frage 25
Frage
For the defence to seek the right to an effective remedy such as exclusion of illegally or improperly obtained evidence, the defence must prove
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that the accused's rights or freedoms have been infringed or denied
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that the evidence was obtained in a manner that infringed or denied that right or freedom
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that they used force
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that they threatened the accused
Frage 26
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The Plaintiff bears the initial burden of presenting evidence and of persuading the judge, on the civil standard of balance of probabilities that a violation of the accused's Charter rights occurred that could not be saved by s.1, the Oakes Test.
Antworten
- True
- False
Frage 27
Frage
The first opportunity the Supreme Court of Canada had to analyze s.24(2) and provide guidance to trial judges on its application was in 1987 in the case of
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R. v. Mohan
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R. v. Khan
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R. v. Collins
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R. v. Baldree
Frage 28
Frage
What were the grounds of defence in the R. v. Collins case?
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search took place without a warrant
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no reasonable grounds
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without identifying the officer
Frage 29
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Which section of the Charter did they claim was violated?
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s.9
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s.6
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s.8
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s.1
Frage 30
Frage
In the R. v. Collins matter the court of first instance held that
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there was a violation of Charter rights, and she was set free
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there was no violation of Charter rights, but she was convicted
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there was a violation of Charter rights, but she was convicted
Frage 31
Frage
In the Collins matter, the Court of Appeal upheld the conviction but this was overturned by the Supreme Court
Antworten
- True
- False
Frage 32
Frage
The Collins test had 9 criteria for deciding the admissibility or exclusion of improperly obtained evidence.
Antworten
- True
- False
Frage 33
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What are the three categories into which the 9 criteria are divided?
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Fairness at Trial
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Seriousness of the Violation
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How many persons were convicted
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Effect of exclusion
Frage 34
Frage
Name 6 of the Collins criteria
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What kind of evidence was obtained?
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What Charter rights were infringed?
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Was the violation serious or technical?
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Was the violation deliberate or inadvertent?
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Were the circumstances urgent or necessary?
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is the offence serious?
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Was anyone else looking?
Frage 35
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The Collins test was replaced by another in 1997. What was the name of that case?
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R. v. Stinchombe
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R. v. Baldree
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R. v. Khan
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R. v. Stillman
Frage 36
Frage
Why did the Supreme Court look for another case? The Collins test was considered:
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confusing and complicated
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hard and compelling
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vague and misleading
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too easy to understand and apply
Frage 37
Frage
Intervenors were NOT allowed in the Stillman case
Antworten
- True
- False
Frage 38
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Mr. Stillman willingly gave the police hair, buccal swab and teeth impressions.
Antworten
- True
- False
Frage 39
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Mr. Stillman was set free by both the court of first instance and the Court of Appeal
Antworten
- True
- False
Frage 40
Frage
Conscriptive Evidence is evidence that could NOT be collected without the accused person's participation.
Antworten
- True
- False
Frage 41
Frage
Non-conscriptive Evidence is evidence that COULD be collected without the accused person's participation.
Antworten
- True
- False
Frage 42
Frage
In the Stillman case, the bodily samples were NOT real evidence even though the accused had been compelled by the produce.
Antworten
- True
- False
Frage 43
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Examples of conscriptive evidence would be
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forced confession
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DNA sample
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a gun
Frage 44
Frage
Examples of non-conscriptive evidence would be
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-
a buccal swab
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hair follicles
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a gun
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drugs
Frage 45
Frage
What other factors did the court list to support the fact that the evidence was improperly obtained?
Antworten
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the breach was very serious
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the police used threat of force and intrusive measures
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there was a blatant disregard of the lawyer's letter and ignored the fundamental rights of the youth
-
they did not ask the youth nicely
Frage 46
Frage
The tissue was not conscripted evidence because the police FORCED the accused to produce it.
Antworten
- True
- False
Frage 47
Frage
The tissue in Stillman's case was admissible.
Antworten
- True
- False
Frage 48
Frage
The wording of section 24(2) calls for a review of all the circumstances and what appears to be recommended by many of the academics is the return to the balancing as initially envisioned by the drafters of the Charter. The Stillman approach was criticized for not providing this balance.
Antworten
- True
- False
Frage 49
Frage
The Stillman case was replaced by the R. v. Grant case in 2009.
Antworten
- True
- False
Frage 50
Frage
Before the 2009 decision in R. v. Grant, the distinction between conscriptive and non-conscriptive evidence was really important.
Antworten
- True
- False
Frage 51
Frage
If the evidence was classified as conscriptive, it was almost certainly excluded pursuant to s24(2) of the Charter because the law held that admitting conscriptive evidence obtained in violation of the accused's Charter rights made the trial unfair.
Antworten
- True
- False
Frage 52
Frage
What were the concerns raised in light of the 2009 Grant case?
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that the jurisprudence developed a quasi-automatic exclusionary rule
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that the courts appear to distinguish between a hierarchy of rights rather than a balance of rights
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that the accused had no rights
Frage 53
Frage
A criminal action is started by laying an information.
Antworten
- True
- False
Frage 54
Frage
The two types of evidence are
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-
Direct
-
Indirect
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Oral
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Audio
Frage 55
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Indirect Evidence is also called:
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Documentary
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Real
-
Circumstantial
Frage 56
Frage
Evidence can be introduced in one of three ways.
Antworten
- True
- False
Frage 57
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Which of the following ways is NOT a way that evidence can be introduced into court:
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Directly
-
Orally
-
Documentary
-
Real
Frage 58
Frage
Direct evidence can be Oral or Real
Antworten
- True
- False
Frage 59
Frage
Oral evidence is the most common type of direct evidence.
Antworten
- True
- False
Frage 60
Frage
Real evidence is only receivable if the following four criteria are met:
Antworten
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relevant to the matters in issue
-
identified as genuine, and therefore
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authenticated, and be
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connected tot he issues before the court
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known by every body even the jury
Frage 61
Frage
Circumstantial Evidence is also known as Indirect Evidence
Antworten
- True
- False
Frage 62
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Circumstantial evidence does NOT require an inference to get from the evidence to a material fact.
Antworten
- True
- False
Frage 63
Frage
A document must be authenticated by either
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calling on the newspaper that printed it
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calling the writer as a witness
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calling a witness to the document's preparation, or
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calling a handwriting expert or expert in typeface
Frage 64
Frage
There are three ways that courts assess the admissibility of photographs and videos
Antworten
- True
- False
Frage 65
Frage
The three ways in which courts assess the admissibility of photographs and videos are
Antworten
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calling the witness
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their accuracy
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their fairness and absence of potential to mislead
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verification of a witness that they are what they purport to be
Frage 66
Frage
Consciousness of Guilt is a term given to the behaviour of an accused that may be admitted as evidence that he was behaving in a guilty manner.
Antworten
- True
- False
Frage 67
Frage
Subsequent Remediation or Repair is NOT the civil equivalent to consciousness of guilt.
Antworten
- True
- False
Frage 68
Frage
The courts are careful about accepting evidence of subsequent repair for two main reasons:
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evidence lacks relevance
-
it is argued on policy grounds that if evidence of subsequent remedial measures
-
everybody knows they did it
Frage 69
Frage
What is the best evidence rule?
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...that secondary evidence, such as a copy or fax, will not be admissible if an original document exists
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... that real evidence, such pictures of a gun or knife will not be admissible
Frage 70
Frage
Section 31.2(1)(2) of the Canadian Evidence Act is where provisions for the Best Evidence Rule is found
Antworten
- True
- False
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