CRIM 103: COURTS EXAM QUESTIONS AND VERIFIED
ANSWERS
when did the British common law model come into place? - Answers - 1867-1982
What is common law? - Answers - law made by judges through their decisions, not
through specific statutes
precedent - Answers - an example that may serve as a basis for imitation or later action
stare decisis - Answers - Let the decision stand; decisions are based on precedents
from previous cases
Rule of Law - Answers - No one is above the law; political power assigned in
accordance with the law, and the law allows us to create laws
S.11 of the Charter - Answers - Legal rights
hiearchy of law - Answers - 1. charter, 2. fed law, 3. prov law, 4. muni law, 5 common
law
Substantive Law - Answers - Law that defines, describes, regulates, and creates legal
rights and obligations.
Procedural Law - Answers - Law that establishes the methods of enforcing the rights
established by substantive law.
What courts have original jurisdiction? - Answers - provincial courts and provincial
supreme courts
What courts are used for original appeals? - Answers - prov appeal courts
What court is the last appeal court? - Answers - Supreme court of canada
probation - Answers - the release of an offender from detention, subject to a period of
good behavior under supervision
conditional sentences - Answers - up to 2 years and served in community
custodial sentence - Answers - prison sentence
, Absolute Discharge - Answers - Releasing a convicted offender and erasing the criminal
record after one year
conditional discharge - Answers - a release with terms, which, if successfully completed,
results in no criminal record
totality - Answers - a sentencing principle that considers the overall length of a sentence
and requires that a single global sentence be imposed to avoid an unjustly long
sentence
When can someone demand a jury trial? - Answers - Sentence of 5 or more years and a
serious offense
Provincial trial courts - Answers - Courts with provincially appointed judges, where trials
are held before a judge alone with no possibility of jury trials - busiest criminal courts,
handling all summary charges, first appearances on most other charges. also specialty
courts
Provincial Supreme Court - Answers - more serious crimes, jury possible
provincial court of appeals - Answers - 3 justices, binding decisions, only when mistake
or new evidence
is there a preliminary inquiry for summary cases? - Answers - no
Supreme Court of Canada - Answers - The highest court of Canada, the final court of
appeals in the Canadian justice system.
How many justices are on the Supreme Court of Canada? - Answers - 9
What is the first step of the trail process? - Answers - Investigation
The investigative step of the trail process - Answers - Can take minutes to years
What is the second step of the trial process? - Answers - police recommended charges
WHat is the third step of the trial process? - Answers - Charge approval
Who approves charges in BC? - Answers - crown prosecutor
What influences the decision on charge approval? - Answers - Likelihood for conviction
and interest of the public
What case influenced the guidelines for reasonable time? - Answers - R. v. Jordan
ANSWERS
when did the British common law model come into place? - Answers - 1867-1982
What is common law? - Answers - law made by judges through their decisions, not
through specific statutes
precedent - Answers - an example that may serve as a basis for imitation or later action
stare decisis - Answers - Let the decision stand; decisions are based on precedents
from previous cases
Rule of Law - Answers - No one is above the law; political power assigned in
accordance with the law, and the law allows us to create laws
S.11 of the Charter - Answers - Legal rights
hiearchy of law - Answers - 1. charter, 2. fed law, 3. prov law, 4. muni law, 5 common
law
Substantive Law - Answers - Law that defines, describes, regulates, and creates legal
rights and obligations.
Procedural Law - Answers - Law that establishes the methods of enforcing the rights
established by substantive law.
What courts have original jurisdiction? - Answers - provincial courts and provincial
supreme courts
What courts are used for original appeals? - Answers - prov appeal courts
What court is the last appeal court? - Answers - Supreme court of canada
probation - Answers - the release of an offender from detention, subject to a period of
good behavior under supervision
conditional sentences - Answers - up to 2 years and served in community
custodial sentence - Answers - prison sentence
, Absolute Discharge - Answers - Releasing a convicted offender and erasing the criminal
record after one year
conditional discharge - Answers - a release with terms, which, if successfully completed,
results in no criminal record
totality - Answers - a sentencing principle that considers the overall length of a sentence
and requires that a single global sentence be imposed to avoid an unjustly long
sentence
When can someone demand a jury trial? - Answers - Sentence of 5 or more years and a
serious offense
Provincial trial courts - Answers - Courts with provincially appointed judges, where trials
are held before a judge alone with no possibility of jury trials - busiest criminal courts,
handling all summary charges, first appearances on most other charges. also specialty
courts
Provincial Supreme Court - Answers - more serious crimes, jury possible
provincial court of appeals - Answers - 3 justices, binding decisions, only when mistake
or new evidence
is there a preliminary inquiry for summary cases? - Answers - no
Supreme Court of Canada - Answers - The highest court of Canada, the final court of
appeals in the Canadian justice system.
How many justices are on the Supreme Court of Canada? - Answers - 9
What is the first step of the trail process? - Answers - Investigation
The investigative step of the trail process - Answers - Can take minutes to years
What is the second step of the trial process? - Answers - police recommended charges
WHat is the third step of the trial process? - Answers - Charge approval
Who approves charges in BC? - Answers - crown prosecutor
What influences the decision on charge approval? - Answers - Likelihood for conviction
and interest of the public
What case influenced the guidelines for reasonable time? - Answers - R. v. Jordan
