crim 230 midterm questions with complete solutions

public law correct answer: -refers to the relationship between individuals and the government -criminal law, constitutional law, -criminal law deals with things that are a wrong against society as a whole private law correct answer: -refers to the relationship between individuals or corporations 2 elements of crime correct answer: 1) a conduct that is prohibited because it has an evil/undesirable/injurious effect on the public 2) penalty that may be imposed if prohibition is violated true crimes correct answer: -acts that are prohibited under the criminal code, CDSA -serious breaches on the values of the community regulatory offences correct answer: -acts that are inherently legitimate -civil law criminal law vs civil law correct answer: -legal action between individual and government -legal action between private citizens -determination of guilt -determination of liability -to punish, deter, protect -to compensate for harm -without a reasonable doubt -on a balance of probabilities sources of criminal law correct answer: -legislation: Canadian Criminal Code, Constitution Act -case law: judicial decisions judicial issues correct answer: -when municipalities/provinces overstep power... (ultra vires, intra vires jurisdiction per se constitution act 1982) case law (jurisprudence) correct answer: -the decisions of higher courts are binding on the decisions of lower courts in the same province and persuasive on decisions of the same level court in different provinces stare decisis correct answer: -historical decisions by judges on similar issues or facts -based on fairness