Canadian law Flashcards
law
retribution
Justice based on vengeance and punishment
restitution
payment made by the offender to the victim of a crime
common law
-Law that developed in English courts; relies on case law and is common to all people
stare decisis
a Latin term meaning to stand by the decision
rule of precedent
applying a previous decision to a case that has similar circumstances
habeas corpus
a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
statute law
a law or act passed by government
constitutional law
Body of law dealing with the distribution and exercise of government powers
public law
Law related to relationships between individuals and the state
criminal law
Law that identifies crimes and prescribes Punishment
private law
Law governing the relationship between private individuals and between individuals and organizations
tort law
The branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action
residual powers
federal responsibility to make laws in legislative areas not assigned to the provinces
rule of law
a principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary powers
Right
an entitlement that citizens can expect from their government, for example the right to a fair trial
fundamental freedoms
Freedom of conscience and religion: freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
prima facie
legally sufficient to establish a fact or case unless disproved by contrary evidence
magna carta
a charter signed by king john of England in 1215 that recognized individual basic rights for people in England
inalienable rights
entitlements that are guaranteed and cannot be surrendered or transferred to another, for example, equality and liberty
prejudice
a preconceived opinion based on a stereotype or inadequate information
reasonable limits
section 1 of the charter the section that can be used to justify a limitation on a person’s Charter rights
gravamen
the most serious part of an accusation
Canadian bill of rights
the first attempt to codify rights and freedoms across Canada
notwithstanding clause
s.33 of the Canadian charter of rights and freedoms, which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss.7 to 15 of the charter
constructive discrimination
employment policies that inadvertently exclude certain individuals, resulting in discrimination
interveners
third party participants in a legal proceeding also called friends of the court
criminal code
is a federal statute that contains majority of the criminal laws passed by parliament
actus reus
the guilty act – the voluntary act, omission, or state of being that is forbidden by the criminal code
mens rea
a deliberate intention to commit a wrongful act, with reckless, disregard for the consequences
preliminary hearing
a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial
hybird or dual procedure offence
an offence that the crown can try either as a summary or indictable offence
necessity
the defense that the accused had no reasonable alternative to committing an illegal act