CIvics & Citizenship Flashcards

1
Q

Common Law

A

A body of unwritten laws based on legal precedents established by the courts.

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2
Q

Precedent Law

A

A prior reported opinion which establishes a legal rule in future for the same question

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3
Q

Statute Law

A

The body of principles set by our government

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4
Q

Burden of Proof

A

Beyond reasonable doubt

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5
Q

standard of proof

A

balance of probablities

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6
Q

Presumption of Innocence

A

Accused is considered innocent until proven guilty

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7
Q

Habeas Corpus

A

The accused must be brought before a judge to hear the charges against them. if their is not enough evidence must be released.

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8
Q

Impartial & Independent judiciary

A

Court system free from Government influence

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9
Q

Right to Appeal

A

If there is a legal error the accused may seek to have their case reheard or appeal to a higher court

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10
Q

Right to a fair trial

A

Cases should be heard by an impartial third party, accused should be represented by a lawyer for serious crimes.

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11
Q

Equality

A

All people are treated the same in court regardless of who they are

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12
Q

Summary offence

A

Court costs are smaller
No jury
less severe punishments

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13
Q

Indictable offence

A

Higher court costs
more severe penalties
usually with Jury

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14
Q

Criminal Law

A

A case where individual has committed an illegal act that inflicts harm on another individual or society.

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15
Q

Civil Law

A

Penalties are money. Breaches and contracts between individuals over an alleged breach of an individuals rights. The plaintiff takes the case to court to receive a remedy that will restore them.

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16
Q

Types of Courts

A

Magistrates-up to $75,000
Districts- up to $750,000
Supreme-over $750,000

17
Q

Types of Civil Offences

A

Defamation & Trespassing

18
Q

Types of Criminal Offences

A

Sexual assault & murder`

19
Q

Lloyd Rayney

A

Criminal as he was accused in the murder of his wife. He had no consequence as he was not proven guilty beyond reasonable doubt meaning he had no sanction and was released.