POA Test 2

What are the 6 steps in preparing to defend a POA case? (6)

What must you do when interviewing your client for the first time?

What do you ask of your client during the intake interview?

Charging Documents
Part I (2)
Part II
Part III

Your client gives you the charging document. What is your first step?

There is an error on the charging document. Most times where can you look to for amendment? What is required?

Time Frames of Service
Part I
Part II
Part III
exception applies to ?

padding the record / why pad the record

the most common reason for trial delay is

s. 11b of the Charter/ corresponding case law

When presenting your clients options to them what must you tell them .

What are your client;s options for a Part I Offence Notice

What are your clients options for a Part I Summons (3)
What distinguished about a summons? What happens if your client does not attend?

What are your clients options for a Part II parking ticket? What happens if your client fails to respond?

What is a retainer agreement, what must it contain?

Paralegal Rules-- Guideline 6(4)

Monetary Retainer

POA: a young person is _____________

Your client is 15 and commints a provincial offense related to driving. What will happen when your client is of legal age to get a license

What is the cut off age to be considered a young person in POA

POA regarding young persons
s 95
s 96

What must a young person do regarding summons. What happens if they fail to do this

Contempt Key points + what section

Part VIII of POA section 24

arrest without a warrant

Civilian Arrest s 145 POA

interim release
POA s 149
Exceptions

Bail Hearing

* What must the paralegal do prior to a bail hearing

R v Fekre

what are the 4 types of procedural defenses

how do you look for errors in the charging document according to POA s 34(4) (5)

How can you tell if there is an error in the charging document.

If the limitation period is not indicated then what do you assume?

What are the part of the LLA

What documents must be disclosed and filed with the court? (3) ***

O Reg 389/91 s 15(1) ***

A licensee may not represent a party without having first

R v Stinchcombe 1991

boiler plate request

What is a legal duty of the crown

how does s 7 of charter relate to disclosure

what are the 5 disclosure expectations

how do you request disclosure

what to consider before filing a relevancy application for additional disclosure

when do you ask for additional disclosure

additional disclosure request letter must include **

what to ask for in disclosure for offences such as failing to obey stop signs, disobey stop sign, red light fail to stop

what do you ask for in disclosure for speeding offences (4)

how do you file and serve a request for disclosure (3)

trial or hearing structure (6)

prima facie table tells you _______ whereas a proof chart tells me _____________

what is covered in a proof chart

book of authorities

qualifying an officer

What is a Jenkins caution?

True or false, in a PART I the disclosure is automatic

when must disclosure be provided

In offences such as failing to obey signs, disobey stop signs, red light fail to stop what must you request in disclosure

what is a will say

If a collision is involved what do you need to ask for in disclosure

How do you file and serve a disclosure request?

You have already received disclosure. Your client tells you that there was a second officer at the scene. What do you do>

what are the 4 types of pleas

If you plead guilty early what is likely to happen

what shortens the proceeding?

T/F in an agreed statement of facts the parties agree to all of the facts

4 main points for a joint submission on penalty

When should the JP jump a joint submission

What are 8 possible sentencing options

R v Dosik

If there is no provision for the sentencinf range what do you look to

What is the fundemental purpose of sentencing and where can you find this

Sentencing Goals

A sentence must be _________________ and ______________

GENERAL DETERRENCE

specific deterrence

what must the court always consider in sentencing (4)

what is included in a pre sentencing report

How does a pre sentencing report come about

when is a pre sentencing report usually needed

who prepares a pre sentencing report

who goes first in a submission on sentence and what do they do

what is the submissions on sentence order of procedures

POA Act s 139(1)

according to the criminal code section 722(1) what must the court do

definition of victim

can victims suggest sentences in their victim impact statements

what are examples of aggravating factors (5)

5 examples of mitigating factors

direct examination ___________________

talk a little bit about direct examination

cross examination ___________________

cross examination

re examination _______________

re examination

what is required for exhibits

steps to introducing an exhibit

submissions

the person who calls the evidence ______ goes first in submissions

the person who goes _________ gets to make a reply once opposing counsel finishes their submissions

what case is always referred to in submissions

R v WD significance

What must be in your submissions

crown submission ex parte

note: defense submissions are the same but reversed