Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Canadian law > Canadian law > Flashcards

Canadian law Flashcards

law

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

retribution

A

Justice based on vengeance and punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

restitution

A

payment made by the offender to the victim of a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

common law

A

-Law that developed in English courts; relies on case law and is common to all people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

stare decisis

A

a Latin term meaning to stand by the decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

rule of precedent

A

applying a previous decision to a case that has similar circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

habeas corpus

A

a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

statute law

A

a law or act passed by government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

constitutional law

A

Body of law dealing with the distribution and exercise of government powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

public law

A

Law related to relationships between individuals and the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

criminal law

A

Law that identifies crimes and prescribes Punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

private law

A

Law governing the relationship between private individuals and between individuals and organizations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

tort law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

residual powers

A

federal responsibility to make laws in legislative areas not assigned to the provinces

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

rule of law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Right

A

an entitlement that citizens can expect from their government, for example the right to a fair trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

fundamental freedoms

A

Freedom of conscience and religion: freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

prima facie

A

legally sufficient to establish a fact or case unless disproved by contrary evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

magna carta

A

a charter signed by king john of England in 1215 that recognized individual basic rights for people in England

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

inalienable rights

A

entitlements that are guaranteed and cannot be surrendered or transferred to another, for example, equality and liberty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

prejudice

A

a preconceived opinion based on a stereotype or inadequate information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

reasonable limits

A

section 1 of the charter the section that can be used to justify a limitation on a person’s Charter rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

gravamen

A

the most serious part of an accusation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Canadian bill of rights

A

the first attempt to codify rights and freedoms across Canada

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

notwithstanding clause

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

constructive discrimination

A

employment policies that inadvertently exclude certain individuals, resulting in discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

interveners

A

third party participants in a legal proceeding also called friends of the court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

criminal code

A

is a federal statute that contains majority of the criminal laws passed by parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

actus reus

A

the guilty act – the voluntary act, omission, or state of being that is forbidden by the criminal code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

mens rea

A

a deliberate intention to commit a wrongful act, with reckless, disregard for the consequences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

preliminary hearing

A

a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

hybird or dual procedure offence

A

an offence that the crown can try either as a summary or indictable offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

necessity

A

the defense that the accused had no reasonable alternative to committing an illegal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

evidence

A

information that tends to prove or disprove the elements of an offence

34
Q

arrest

A

legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody

35
Q

beyond a reasonable doubt

A

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

36
Q

reverse onus

A

shifting the burden of proof to the defense

37
Q

sentencing

A

punishment imposed on a person convicted of committing a crime

38
Q

plea bargaining

A

a negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence

39
Q

youth criminal justice act

A

federal legislative that replaced the young offenders act in 2003

40
Q

summary conviction offence

A

a minor offence that carries a relatively light penalty

41
Q

defense

A

a denial of, or justification for an act

42
Q

duress

A

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

43
Q

search warrant

A

a court document that gives the police the right to search a specific location

44
Q

bail

A

the temporary release of the accused who posts money or some other security to guarantee his or her court appearance

45
Q

voir dire

A

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

46
Q

chain custody

A

the witnessed, written record detailing dates, time and circumstances of evidence handling by all of the people who had control over items of evidence

47
Q

probation

A

a sentence that allows a convicted offender to live in the community under the supervision of a parole officer

48
Q

pardon

A

the setting aside of a persons record of conviction

49
Q

double jeopardy

A

the legal doctrine that an accused person cannot be tried twice for the same offence

50
Q

indictable offence

A

a serious offence that carries a heavier sentence than a summary conviction offence

51
Q

alibi

A

a defense raised by the accused claiming that he or she was somewhere else when the crime was committed

52
Q

conviction

A

when a judge finds guilt and gives the person a sentence

53
Q

detention

A

legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint

54
Q

summons

A

a legal document issued for an indictable offence, ordering an accused person to appear in court

55
Q

preliminary hearing

A

a judicial inquiry to determine whether there is sufficient evidence to put the accused in trial

56
Q

arraignment

A

is the first stage of criminal trial In which the court clerk reads the charges and the defendant enters a plea

57
Q

deterrence

A

punishment to discourage criminals from offending or re-offending

58
Q

parole

A

release of an inmate, on a promise of good behavior, into the community before the full sentence is served

59
Q

mitigating factor

A

circumstances that decrease the severity of a sentence

60
Q

aggravating factors

A

circumstances that increase the severity of the sentence

61
Q

plaintiff

A

the party initiating a legal action

62
Q

remedy

A

the relief sought by the plaintiff

63
Q

affidavit documents

A

a list of documents relevant to the case that will be used at trial

64
Q

mediation

A

a process in which a neutral third party intervenes to bring opposing parties to an agreement

65
Q

cause in fact

A

the factual “ cause and effect” connections between one persons actions and another persons injuries

66
Q

tort

A

harm caused to a person or property for which the law provides a civil remedy

67
Q

small claim court

A

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

68
Q

defendant

A

the party being sued in a civil action

69
Q

damages

A

compensation for a wrong suffered

70
Q

appeal

A

an application to higher court to review the decision made by a lower court

71
Q

arbitration

A

an ADR process in which a neutral third party hears both sides of the dispute and makes a binding decision

72
Q

garnishment

A

a court order requiring that money owed by a defendant to a plaintiff be paid out of the defendants earnings or bank account

73
Q

balance of probabilities

A

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

74
Q

pecuniary damages

A

compensation for losses to be paid to the plaintiff

75
Q

litigants

A

the parties involved in a civil action

76
Q

liable

A

when your legally responsible for a wrongful action

77
Q

class action suit

A

a lawsuit initiated by a group of people concerning a complaint common to all of them

78
Q

negligence

A

careless conduct that causes foreseeable harm to another person

79
Q

intent

A

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

80
Q

duty of care

A

the obligation to foresee and avoid careless actions that might cause harm to others

81
Q

non- pecuniary damages

A

a compensation to the plaintiff for losses that do not involve an actual loss of money and are hard to

Canadian law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions