Question
Please respond to the following questions and scenarios in a brief essay format or legal citation. The required to demonstrate their knowledge of, and ability
Please respond to the following questions and scenarios in a brief essay format or legal citation. The required to demonstrate their knowledge of, and ability to reference, the Criminal Code and Charter when researching answers. The ability to apply the law to given factual situations is also required.
1. What is the definition of newly born child? (1pt)
2. What are a person's 3 basic rights upon arrest or detention? (2pts)
3. What is the section of the criminal code that excuses reasonable use of force when disciplining a child?
4. How old does a person have to be before he or she can be convicted of a criminal offence? (1 pt)
5. Under what 2 exigent circumstances may a police officer enter a dwelling house in order to arrest someone without a warrant? (2 pts)
6. Define assault (1 pts)
a. Section: Statute:
7. What category of offence is aggravated assault? (2 pts)
a. What is the maximum penalty for aggravated assault?
b. Section: Statute:
8. Can a man be convicted for sexually assaulting his wife? Explain. (2 pts)
1. Two people were crossing the bridge linking Ontario & Quebec near Pembroke and, in the middle of the bridge, one punched the other in the nose and pushed him off the bridge. The victim suffered a broken nose and a broken leg. (2 pts)
i. What is the most appropriate charge?
ii. In which jurisdiction will the trial be held?
iii. What type of offence is this?
iv. What is the maximum penalty upon conviction?
2. In Canada, there used to exist the defence of "Insanity" (2 pts)
i. What is the new term for this defence?
ii. In which section is this new term defined?
iii. What is the definition of this new term?
3. My mother-in-law has put the curse of the evil eye upon me and swears that if I do not divorce her daughter that she will turn me into a toad. (1 pt)
i. What is the section of the criminal code that addresses this type of sorcery?
4. I have an extremely large lawn and I have to cut it every Saturday. (2 pts)
a. Thankfully, I have a Binford XL5000 lawn tractor with a built-in beer cooler. Last Saturday, as I was reaching for my 9th beer, I crashed through the neighbour's fence and shredded his cat. He called the cops. I protest that they can't charge me with impaired driving because I'm driving a lawn tractor, not a car.
I. Who's right? Prove it.
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