Canadian law Flashcards

law

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1
Q

retribution

A

Justice based on vengeance and punishment

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2
Q

restitution

A

payment made by the offender to the victim of a crime

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3
Q

common law

A

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

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4
Q

stare decisis

A

a Latin term meaning to stand by the decision

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5
Q

rule of precedent

A

applying a previous decision to a case that has similar circumstances

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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

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7
Q

statute law

A

a law or act passed by government

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8
Q

constitutional law

A

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

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9
Q

public law

A

Law related to relationships between individuals and the state

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10
Q

criminal law

A

Law that identifies crimes and prescribes Punishment

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11
Q

private law

A

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

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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

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13
Q

residual powers

A

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

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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

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15
Q

Right

A

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

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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

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17
Q

prima facie

A

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

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18
Q

magna carta

A

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

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19
Q

inalienable rights

A

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

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20
Q

prejudice

A

a preconceived opinion based on a stereotype or inadequate information

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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

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22
Q

gravamen

A

the most serious part of an accusation

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23
Q

Canadian bill of rights

A

the first attempt to codify rights and freedoms across Canada

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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

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25
Q

constructive discrimination

A

employment policies that inadvertently exclude certain individuals, resulting in discrimination

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26
Q

interveners

A

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

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27
Q

criminal code

A

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

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28
Q

actus reus

A

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

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29
Q

mens rea

A

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

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30
Q

preliminary hearing

A

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

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31
Q

hybird or dual procedure offence

A

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

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32
Q

necessity

A

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

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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