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
evidence
information that tends to prove or disprove the elements of an offence
arrest
legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody
beyond a reasonable doubt
a standard of proof whereby a defendants guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence
reverse onus
shifting the burden of proof to the defense
sentencing
punishment imposed on a person convicted of committing a crime
plea bargaining
a negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence
youth criminal justice act
federal legislative that replaced the young offenders act in 2003
summary conviction offence
a minor offence that carries a relatively light penalty
defense
a denial of, or justification for an act
duress
in criminal law, the defense that the accused was forced by the threat of violence to commit a criminal act against his or her will; in contract law
search warrant
a court document that gives the police the right to search a specific location
bail
the temporary release of the accused who posts money or some other security to guarantee his or her court appearance
voir dire
a mini- trial that takes place during a trial; jurors are excluded while the judge, the crown, and the defense discuss the admissibility of evidence
chain custody
the witnessed, written record detailing dates, time and circumstances of evidence handling by all of the people who had control over items of evidence
probation
a sentence that allows a convicted offender to live in the community under the supervision of a parole officer
pardon
the setting aside of a persons record of conviction
double jeopardy
the legal doctrine that an accused person cannot be tried twice for the same offence
indictable offence
a serious offence that carries a heavier sentence than a summary conviction offence
alibi
a defense raised by the accused claiming that he or she was somewhere else when the crime was committed
conviction
when a judge finds guilt and gives the person a sentence
detention
legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint
summons
a legal document issued for an indictable offence, ordering an accused person to appear in court
preliminary hearing
a judicial inquiry to determine whether there is sufficient evidence to put the accused in trial
arraignment
is the first stage of criminal trial In which the court clerk reads the charges and the defendant enters a plea
deterrence
punishment to discourage criminals from offending or re-offending
parole
release of an inmate, on a promise of good behavior, into the community before the full sentence is served
mitigating factor
circumstances that decrease the severity of a sentence
aggravating factors
circumstances that increase the severity of the sentence
plaintiff
the party initiating a legal action
remedy
the relief sought by the plaintiff
affidavit documents
a list of documents relevant to the case that will be used at trial
mediation
a process in which a neutral third party intervenes to bring opposing parties to an agreement
cause in fact
the factual “ cause and effect” connections between one persons actions and another persons injuries
tort
harm caused to a person or property for which the law provides a civil remedy
small claim court
court designed to offer faster and less expensive way to settle disputes that are not too complex and that doesn’t involve a great deal of money
defendant
the party being sued in a civil action
damages
compensation for a wrong suffered
appeal
an application to higher court to review the decision made by a lower court
arbitration
an ADR process in which a neutral third party hears both sides of the dispute and makes a binding decision
garnishment
a court order requiring that money owed by a defendant to a plaintiff be paid out of the defendants earnings or bank account
balance of probabilities
the weighing of evidence to decide whether it is plaintiffs or the defendants version of the event that is more convincing or likely to be correct
pecuniary damages
compensation for losses to be paid to the plaintiff
litigants
the parties involved in a civil action
liable
when your legally responsible for a wrongful action
class action suit
a lawsuit initiated by a group of people concerning a complaint common to all of them
negligence
careless conduct that causes foreseeable harm to another person
intent
a state of mind in which someone desires to carry out a wrongful action, knows what the results would be, and is reckless regarding the consequences
duty of care
the obligation to foresee and avoid careless actions that might cause harm to others
non- pecuniary damages
a compensation to the plaintiff for losses that do not involve an actual loss of money and are hard to
