CIvics & Citizenship Flashcards
Common Law
A body of unwritten laws based on legal precedents established by the courts.
Precedent Law
A prior reported opinion which establishes a legal rule in future for the same question
Statute Law
The body of principles set by our government
Burden of Proof
Beyond reasonable doubt
standard of proof
balance of probablities
Presumption of Innocence
Accused is considered innocent until proven guilty
Habeas Corpus
The accused must be brought before a judge to hear the charges against them. if their is not enough evidence must be released.
Impartial & Independent judiciary
Court system free from Government influence
Right to Appeal
If there is a legal error the accused may seek to have their case reheard or appeal to a higher court
Right to a fair trial
Cases should be heard by an impartial third party, accused should be represented by a lawyer for serious crimes.
Equality
All people are treated the same in court regardless of who they are
Summary offence
Court costs are smaller
No jury
less severe punishments
Indictable offence
Higher court costs
more severe penalties
usually with Jury
Criminal Law
A case where individual has committed an illegal act that inflicts harm on another individual or society.
Civil Law
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.