Crim 1160 Final Exam Study Guide
Latest Updated Guide 2025/2026
100% Certified Exam Guide.
Law Schools - ansTerm used to refer to Faculties of Law at specific universities. Students
gain admission to these institutions after completing an undergraduate degree, or a portion
thereof, from a recognized university; one cannot attend directly from secondary school
Law Societies - ansProvincial associations (which can be subsets of the Canadian Bar
Association) that license lawyers to practice in each province in Canada. Licenses are granted
after a period of articling and successful completion of Bar Admission examinations
Articling - ansAn LL.B. Graduate's period of learning in a legal setting and further series of
tests referred to as Bar Admissions. Only upon successful completion of these criteria can a
person be called to the bar of a province, and practice law
Law School Admissions Test - ansAn aptitude test developed in the US as a means of
determining suitability for legal education and the practice of law. Often criticized for its
cultural ethnocentricity and its lack of useful performance indicators, remains a requirement
for admission to Canada's law schools
LL.B. Degree - ansBachelor of Laws degree granted from a law school in recognition that its
holder has completed a university-mandated legal education. This degree alone does not
entitle the holder to practice law in Canada
Canadian Judicial Council - ansCreated by Parliament in 1971, its statutory mandate is to set
out Judges Act, which states that the council is established to "promote efficiency and
uniformity, and to improve the quality of judicial service" in Canada's federally appointed
courts. The council, which has 39 members and is chaired by the Chief Justice in Canada, is
responsible for the disciplinary measures concerning all federally appointed judges
Provincial Court - ansLowest in the hierarchy of Canada's court system. The trial courts have
4 divisions: criminal, youth, small claims, and family. 90% of all criminal offences are heard
in this court's criminal division
Superior Courts of the Province - ansTwo divisions: Trial Division: hears the most significant
criminal and civil cases Appeal Division: hears all appeals prior to possible consideration by
the SCC
Supreme Court of Canada - ansThe court of last resort since 1949, has 9 justices and hears
appeals in relation to significant criminal and civil cases, and references regarding
constitutional matters
Summary Conviction Offences - ansCrimes specified in the Criminal Code that are
considered to be less serious than others and that carry a maximum sentence of a fine of no
more than $2000 or six months of incarceration
Indictable Offences - ansThose crimes in the Criminal Code that are considered to be very
serious and that carry substantial penalties
Hybrid Offences - ansCrimes in the Criminal Code for which the Crown Attorney may decide
(elect) whether to proceed by summary conviction or indictment by assessing the nature of
the case and the facts evident before trial
Federal Court of Canada - ansComposed of two divisions: Trial Division: Has original
jurisdiction in most cases where relief is claimed against the Crown as well as exclusive
jurisdiction for judicial review of most decisions of federal boards, commissions, or other
tribunals. The court's jurisdiction also includes interprovincial and federal-provincial
disputes, intellectual property proceedings, admiralty matters, immigration proceedings,
,Crim 1160 Final Exam Study Guide
Latest Updated Guide 2025/2026
100% Certified Exam Guide.
matters pertaining to the Charter, citizenship appeals, and appeals under certain federal
statutes. The Appeal Division: Hears appeals from the Trial Division
Adversarial System - ansThis system suggests that the truth is most likely to emerge from
strong advocacy for opposing points of view. Places its confidence in the counsel who appear
before the court
Inquisitorial System - ansLegal system that places its confidence in the judge or arbitrator,
who is required to ask relevant questions in an effort to determine the truth of the matter
Jury - ansA panel of one's peers that is responsible for fact finding or determining the truth or
falseness of facts in evidence at trial. Mostly used in criminal proceedings and is not expected
to make determinations on the law, a matter left to the trial judge
Star Chamber - ansFrom 1487 to 1640 sat in camera (privately) and handed down legal and
often arbitrary decisions that were not open to scrutiny by the public
Conflict Resolution/Alternative Dispute Resolution - ansNew model for deciding disputes has
been developed by communities and the legal profession as an option to the court process.
Most common forms are mediation, a form of negotiated settlement between the disputing
parties, and arbitration, which has a non-judicial officer determine how the issue in dispute
between the parties should be resolved
Restorative Justice - ansModels of dispute resolution, such as sentencing circles, that can
apply to Aboriginal populations and are said to more accurately reflect the participants'
interpretations of justice that those imposed through the British-based Canadian legal system
Torts - ansA private wrong (as opposed to a crime which is a public wrong punishable by the
state). Torts can only be pursued as a private matter by or against another individual
corporation, or arm of government
Intentional Tort - ansTorts that occur as a result of a wrongdoer intentionally (or apparently
intentionally) harming another either physically or mentally. These include the torts of
assault, trespass, and defamation
Negligence - ansA person or legal entity will be found to be negligent when his, her or its
conduct falls below the standard expected of the reasonable person in the specific
circumstances in question, and when damages are incurred as a result
Reasonable Person - ansFictional character who exists in private law (primarily tort) and who
decides whether explanations offered by the wrongdoer are rational
Plaintiff - ansA person who has been harmed by the actions of another and commences a
lawsuit to redress the wrong, usually by seeking an award of damages
Criminal Code - ansFederal statute enacted in 1892 which sets out most public crimes and
their penalties
Punitive Damages - ansDamages that are awarded in tort beyond what is necessary to
compensate an individual or a legal entity for losses sustained and for pain and suffering. The
purpose is to deter the conduct in question, thus bringing a public law objective to the realm
of private law
Liability - ansWhat the court decides in a private law action. In this situation, the court
assesses fault and decides whether damages are awarded. Differs from finding of guilt, which
is the determination that a judge must make before a wrongdoer can be convicted in criminal
law
, Crim 1160 Final Exam Study Guide
Latest Updated Guide 2025/2026
100% Certified Exam Guide.
Defendant - ansThe person against whom a private law proceeding has been brought as well
as the term used for a person who is charged in criminal law
Consent - ansA defence to allegations that an intentional tort has been committed; can also be
used as a defence in criminal law
Contributory Negligence - ansA partial defence for a defendant in a negligence action when it
can be shown that the plaintiff was partially responsible for the harm suffered
Ex Turpi Causa, Non Oritur Actio - ansLatin for "an action does not occur (or arise) for a
base (or illegal) cause"
Common Law Relations - ansA statutorily defined term that means a relationship between
two people who, although not legally married to each other continuously cohabited in a
marriage-like relationship for at least three years, or if there is a child of the relationship by
birth or adoption, cohabited in a marriage-like relationship of some permanence
Divorce - ansA petition under federal jurisdiction for the dissolution of marriage; since 1985,
granted on the basis of living separate and apart for one year, or on the basis of adultery,
mental or physical cruelty, alcoholism, or incarceration
Marriage - ans
Spouses - ans
Child Custody - ansThe determination of which parent is best prepared to have custody of a
child or children is made in accordance with the admittedly vague standard of "the best
interests of the child"
Child Support - ansThe obligation of a parent to contribute to the best of his or her financial
ability to the care and cost of raising his or her children. Under federal law, child support is
usually determined by applying a quantum from a table set out in the Federal Child Support
Guidelines
Spousal Support - ansThe provision of support for a spouse in the event of a marriage
breakdown. Support is to be granted in specific circumstances, depending upon a mix of
factors including the economic consequences of the dissolution of the marriage and the
efforts made by each spouse to become economically self-sufficient
Parent - ansCan be a mother, father, or person who has treated a child as if the child were his
or her own. All parents have a legal responsibility to provide support for their children
Access - ansConsidered an "incident of custody" and means that a non-custodial parent may
have visiting or contact rights with the child
Administrative Law - ansForm of public law that obligates the state to act fairly in the
practice of government. The law, which applies to decisions of the bureaucracy and of
government-appointed tribunals, implies a responsibility to deliver services in an equitable
manner
Delegation - ansTerm for the transfer by federal Parliament and provincial legislatures of
some of their legislative duties to non-elected government officials
Interdelegation - ansConstitutionally permitted process whereby the federal government may
delegate its powers to a provincially appointed tribunal or commission or board; or the
provincial government may transfer some of its powers to a federally appointed commission,
board, or tribunal provided that not all of the delegating authorities are transferred and that
the receiving commission, tribunal or board does not transfer the powers to any other body
Latest Updated Guide 2025/2026
100% Certified Exam Guide.
Law Schools - ansTerm used to refer to Faculties of Law at specific universities. Students
gain admission to these institutions after completing an undergraduate degree, or a portion
thereof, from a recognized university; one cannot attend directly from secondary school
Law Societies - ansProvincial associations (which can be subsets of the Canadian Bar
Association) that license lawyers to practice in each province in Canada. Licenses are granted
after a period of articling and successful completion of Bar Admission examinations
Articling - ansAn LL.B. Graduate's period of learning in a legal setting and further series of
tests referred to as Bar Admissions. Only upon successful completion of these criteria can a
person be called to the bar of a province, and practice law
Law School Admissions Test - ansAn aptitude test developed in the US as a means of
determining suitability for legal education and the practice of law. Often criticized for its
cultural ethnocentricity and its lack of useful performance indicators, remains a requirement
for admission to Canada's law schools
LL.B. Degree - ansBachelor of Laws degree granted from a law school in recognition that its
holder has completed a university-mandated legal education. This degree alone does not
entitle the holder to practice law in Canada
Canadian Judicial Council - ansCreated by Parliament in 1971, its statutory mandate is to set
out Judges Act, which states that the council is established to "promote efficiency and
uniformity, and to improve the quality of judicial service" in Canada's federally appointed
courts. The council, which has 39 members and is chaired by the Chief Justice in Canada, is
responsible for the disciplinary measures concerning all federally appointed judges
Provincial Court - ansLowest in the hierarchy of Canada's court system. The trial courts have
4 divisions: criminal, youth, small claims, and family. 90% of all criminal offences are heard
in this court's criminal division
Superior Courts of the Province - ansTwo divisions: Trial Division: hears the most significant
criminal and civil cases Appeal Division: hears all appeals prior to possible consideration by
the SCC
Supreme Court of Canada - ansThe court of last resort since 1949, has 9 justices and hears
appeals in relation to significant criminal and civil cases, and references regarding
constitutional matters
Summary Conviction Offences - ansCrimes specified in the Criminal Code that are
considered to be less serious than others and that carry a maximum sentence of a fine of no
more than $2000 or six months of incarceration
Indictable Offences - ansThose crimes in the Criminal Code that are considered to be very
serious and that carry substantial penalties
Hybrid Offences - ansCrimes in the Criminal Code for which the Crown Attorney may decide
(elect) whether to proceed by summary conviction or indictment by assessing the nature of
the case and the facts evident before trial
Federal Court of Canada - ansComposed of two divisions: Trial Division: Has original
jurisdiction in most cases where relief is claimed against the Crown as well as exclusive
jurisdiction for judicial review of most decisions of federal boards, commissions, or other
tribunals. The court's jurisdiction also includes interprovincial and federal-provincial
disputes, intellectual property proceedings, admiralty matters, immigration proceedings,
,Crim 1160 Final Exam Study Guide
Latest Updated Guide 2025/2026
100% Certified Exam Guide.
matters pertaining to the Charter, citizenship appeals, and appeals under certain federal
statutes. The Appeal Division: Hears appeals from the Trial Division
Adversarial System - ansThis system suggests that the truth is most likely to emerge from
strong advocacy for opposing points of view. Places its confidence in the counsel who appear
before the court
Inquisitorial System - ansLegal system that places its confidence in the judge or arbitrator,
who is required to ask relevant questions in an effort to determine the truth of the matter
Jury - ansA panel of one's peers that is responsible for fact finding or determining the truth or
falseness of facts in evidence at trial. Mostly used in criminal proceedings and is not expected
to make determinations on the law, a matter left to the trial judge
Star Chamber - ansFrom 1487 to 1640 sat in camera (privately) and handed down legal and
often arbitrary decisions that were not open to scrutiny by the public
Conflict Resolution/Alternative Dispute Resolution - ansNew model for deciding disputes has
been developed by communities and the legal profession as an option to the court process.
Most common forms are mediation, a form of negotiated settlement between the disputing
parties, and arbitration, which has a non-judicial officer determine how the issue in dispute
between the parties should be resolved
Restorative Justice - ansModels of dispute resolution, such as sentencing circles, that can
apply to Aboriginal populations and are said to more accurately reflect the participants'
interpretations of justice that those imposed through the British-based Canadian legal system
Torts - ansA private wrong (as opposed to a crime which is a public wrong punishable by the
state). Torts can only be pursued as a private matter by or against another individual
corporation, or arm of government
Intentional Tort - ansTorts that occur as a result of a wrongdoer intentionally (or apparently
intentionally) harming another either physically or mentally. These include the torts of
assault, trespass, and defamation
Negligence - ansA person or legal entity will be found to be negligent when his, her or its
conduct falls below the standard expected of the reasonable person in the specific
circumstances in question, and when damages are incurred as a result
Reasonable Person - ansFictional character who exists in private law (primarily tort) and who
decides whether explanations offered by the wrongdoer are rational
Plaintiff - ansA person who has been harmed by the actions of another and commences a
lawsuit to redress the wrong, usually by seeking an award of damages
Criminal Code - ansFederal statute enacted in 1892 which sets out most public crimes and
their penalties
Punitive Damages - ansDamages that are awarded in tort beyond what is necessary to
compensate an individual or a legal entity for losses sustained and for pain and suffering. The
purpose is to deter the conduct in question, thus bringing a public law objective to the realm
of private law
Liability - ansWhat the court decides in a private law action. In this situation, the court
assesses fault and decides whether damages are awarded. Differs from finding of guilt, which
is the determination that a judge must make before a wrongdoer can be convicted in criminal
law
, Crim 1160 Final Exam Study Guide
Latest Updated Guide 2025/2026
100% Certified Exam Guide.
Defendant - ansThe person against whom a private law proceeding has been brought as well
as the term used for a person who is charged in criminal law
Consent - ansA defence to allegations that an intentional tort has been committed; can also be
used as a defence in criminal law
Contributory Negligence - ansA partial defence for a defendant in a negligence action when it
can be shown that the plaintiff was partially responsible for the harm suffered
Ex Turpi Causa, Non Oritur Actio - ansLatin for "an action does not occur (or arise) for a
base (or illegal) cause"
Common Law Relations - ansA statutorily defined term that means a relationship between
two people who, although not legally married to each other continuously cohabited in a
marriage-like relationship for at least three years, or if there is a child of the relationship by
birth or adoption, cohabited in a marriage-like relationship of some permanence
Divorce - ansA petition under federal jurisdiction for the dissolution of marriage; since 1985,
granted on the basis of living separate and apart for one year, or on the basis of adultery,
mental or physical cruelty, alcoholism, or incarceration
Marriage - ans
Spouses - ans
Child Custody - ansThe determination of which parent is best prepared to have custody of a
child or children is made in accordance with the admittedly vague standard of "the best
interests of the child"
Child Support - ansThe obligation of a parent to contribute to the best of his or her financial
ability to the care and cost of raising his or her children. Under federal law, child support is
usually determined by applying a quantum from a table set out in the Federal Child Support
Guidelines
Spousal Support - ansThe provision of support for a spouse in the event of a marriage
breakdown. Support is to be granted in specific circumstances, depending upon a mix of
factors including the economic consequences of the dissolution of the marriage and the
efforts made by each spouse to become economically self-sufficient
Parent - ansCan be a mother, father, or person who has treated a child as if the child were his
or her own. All parents have a legal responsibility to provide support for their children
Access - ansConsidered an "incident of custody" and means that a non-custodial parent may
have visiting or contact rights with the child
Administrative Law - ansForm of public law that obligates the state to act fairly in the
practice of government. The law, which applies to decisions of the bureaucracy and of
government-appointed tribunals, implies a responsibility to deliver services in an equitable
manner
Delegation - ansTerm for the transfer by federal Parliament and provincial legislatures of
some of their legislative duties to non-elected government officials
Interdelegation - ansConstitutionally permitted process whereby the federal government may
delegate its powers to a provincially appointed tribunal or commission or board; or the
provincial government may transfer some of its powers to a federally appointed commission,
board, or tribunal provided that not all of the delegating authorities are transferred and that
the receiving commission, tribunal or board does not transfer the powers to any other body
