Block 2 Quiz

9 Questions

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Conjunction Quizzes & Trivia

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Questions and Answers
  • 1. 
    What is the significance of the Criminal Code describing the accused as a “person” and the victim as “a human being”? 
    • A. 

      A) multiple individuals can be prosecuted as co-perpetrators in relation to a single victim

    • B. 

      B) artificial entities such as corporations cannot be victims of a criminal offence, but can be held responsible as accused persons

    • C. 

      C) both a) and b)

    • D. 

      D) none of the above

  • 2. 
    What are the threshold criteria for determining whether a homicide has taken place (i.e. the prerequisites before determining whether homicide is culpable or not culpable)?
  • 3. 
    What is the most prominent issue arising from the phrasing of the threshold requirement that death be caused “by any means”?
  • 4. 
    As it relates to establishing that death has resulted, what definition of “death” has the law historically used? 
    • A. 

      A) cessation of heart and lung function in conjunction with brain death

    • B. 

      B) brain death

    • C. 

      C) Cessation of heart and lung function

    • D. 

      D) any of the above will suffice.

  • 5. 
    Which of the following summarizes the guidance of the SCC in Maybin regarding intervening causes?
    • A. 

      A) reasonable foreseeability

    • B. 

      B) exceptional or unusual intervening event

    • C. 

      C) ambit of risk created by the accused’s actions

    • D. 

      D) the causation test remains the same from Smithers and Nette (but reasonable foreseeability and the “intentional, independent act” approach are useful analytical aids)

  • 6. 
    Which of the following best characterizes the role of the Harbottle “substantial and integral cause of death” in terms of the causation analysis?
    • A. 

      A) as the first stage in determining causation where first degree murder is a possibility

    • B. 

      B) as a third step after finding both factual and legal causation

    • C. 

      C) as a step at the sentencing hearing for determining whether a higher level of parole ineligibility is appropriate

    • D. 

      D) as a second step after first finding factual causation is established

  • 7. 
    What does Shand say is the constitutional standard to satisfy s. 229(c)?
    • A. 

      A) intent to commit the unlawful object combined with subjective foresight of death

    • B. 

      B) intent to commit the unlawful object combined with objective foresight of death

    • C. 

      C) objective intent to commit the unlawful object with subjective foresight of death

    • D. 

      D) subjective intent to commit the unlawful object with objective foresight of death

  • 8. 
    Which case provides the basis for the argument that any potential constitutional challenge to criminal negligence causing death has a slim chance of success?
    • A. 

      A) Martineau

    • B. 

      B) De Sousa

    • C. 

      C) Creighton

    • D. 

      D) Shand