Question 1

What kind of people were members of the first juries?

Accepted Answer

The first juries were composed of landholders. This was because landholders were seen as responsible and trustworthy members of the community who could make fair decisions.

Question 2

What was the role of jurors in an assise court?

Accepted Answer

The answer of What was the role of jurors in...

Question 3

According to the textbook, which participant's role in an assise court is most different to their role in a modern Canadian court?

Accepted Answer

In an assise court, jurors had a more active role in investigating the case, unlike in modern Canadian courts where jurors are primarily responsible for listening to the evidence presented and making a decision based on that evidence.

Question 4

Who was involved in the case that ultimately led to the principle of jury independence?

Accepted Answer

William Penn's trial in 1670 is a landmark case that established the principle of jury independence. Penn was arrested for preaching Quakerism, which was illegal under the Conventicle Act. His jury refused to convict him despite clear evidence and pressure from the judge, leading to the affirmation of the jury's right to independent judgment.

Question 5

Complete the analogy: Common law is to judges as statutory law is to ___________.

Accepted Answer

Statutory law is created by legislators (e.g., parliaments or congresses) who draft and enact legislation. Common law, on the other hand, is developed through decisions made by judges in court.

Question 6

The initial, common law definition of murder included the following requirements: 1) the crime was planned ahead of being committed, and 2) the offender intentionally killed the victim out of spite or hatred. Why was this definition inadequate?

Accepted Answer

The initial definition was inadequate because it did not account for murders that occur without premeditation (spontaneously) or those resulting from negligence, thereby excluding a significant range of acts that are also considered murder under broader, modern legal definitions.

Question 7

Imagine you read the following headline: "Wife stabs husband to death." What question would you have to ask in order to conclusively determine whether this was first-degree murder or just voluntary manslaughter?

Accepted Answer

Premeditation is a key factor distinguishing first-degree murder from voluntary manslaughter. First-degree murder typically involves planning or deliberation before the act, whereas voluntary manslaughter often occurs in the heat of the moment, without prior intent to kill.

Question 8

If a man pulled out a gun, pointed it at you, and demanded your wallet, what type of crime would he have committed?

Accepted Answer

Robbery involves taking property from a person with force or threat of force, which is what occurs when someone demands a wallet at gunpoint.

Question 9

Which term best describes offences that are inchoate?

Accepted Answer

Inchoate offences are crimes that are recognized as incomplete because they are steps towards the commission of a full crime but in themselves may not constitute a standalone crime. Examples include attempts, conspiracy, and solicitation.

Question 10

What legal concept are you engaging in if you and your brother discuss, over the phone, selling a large shipment of cocaine?

Accepted Answer

Conspiracy is an agreement between two or more people to commit a crime.

Question 11

What charge would a suspect would face if they smashed the window of a car, sat in the passenger's seat, and took a laptop hidden in the glove box.

Accepted Answer

The answer of What charge would a suspect would face...

Question 12

Common law is constantly evolving. Which statement best describes one way in which we can see this evolution?

Accepted Answer

Common law evolves through judicial decisions. When courts rule on new issues or interpret laws in new ways, this can lead to the creation of new precedents. For example, actions that were not previously considered crimes can be deemed criminal by a court's ruling, reflecting the adaptability and evolution of common law.

Question 13

Which case created the precedent that unsuccessfully attempting to commit an illegal action was in fact a crime?

Accepted Answer

Rex v. Scofield established the precedent that attempting to commit an illegal action, even if unsuccessful, is still considered a crime. This case is significant in legal history for clarifying the concept of attempt in criminal law.

Question 14

In the 1784 case of Rex v. Scofield the courts decided that attempted criminal behaviour was actually a crime, setting a precedent that is still with us today. What is this an example of?

Accepted Answer

This is an example of common law, which is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action.

Question 15

Who creates statutory law?

Accepted Answer

Legislators create statutory law, which consists of statutes and laws enacted by a country's legislative body.

Question 16

What do Luddites oppose?

Accepted Answer

Luddites historically opposed new technologies, especially during the Industrial Revolution, fearing that mechanization would lead to job losses.

Question 17

Imagine you are a British Luddite in 1812. You have just learned of the new Frame Breaking Act. Who do you blame for creating this new law?

Accepted Answer

The Frame Breaking Act was created by the British Parliament in 1812 as a response to the Luddite movement's destruction of mechanized looms, which they believed threatened their jobs.

Question 18

What was the original name for the Royal Canadian Mounted Police?

Accepted Answer

The Royal Canadian Mounted Police was originally named the North-West Mounted Police when it was established in 1873.

Question 19

What new name did the North-West Mounted Police take in 1920?

Accepted Answer

In 1920, the North-West Mounted Police merged with the Dominion Police and was renamed the Royal Canadian Mounted Police, reflecting its new national responsibilities.

Question 20

What was the primary benefit of centralizing the federal government's power to create criminal laws?

Accepted Answer

Centralization reduced the variation in criminal statutes between provinces, ensuring a more uniform legal system across the country. This helped in creating consistency in the enforcement and interpretation of laws.

Quiz 2: The Criminal Law and Its Process