Definitions

Question 1

mens rea

Answer 1

“GUILTY MIND”. the DELIBERATE intention to commit a wrongful act, with reckless DISREGARD for the consequences. MENTAL COMPONENT NECESSARY to be guilty of a crime. shown through your INTENT, MOTIVE, and KNOWLEDGE

Question 2

objective foreseeability (standard)

Answer 2

a measure of COMPARISON with what a REASONABLE PERSON would do, used to determine whether an accused should have been able to FORSEE THE CONSEQUENCES of their actions (driving under the influence can result in an accident)

Question 3

subjective foreseeability (standard)

Answer 3

a measure of COMPARISON where the CROWN MUST PROVE that the accused ACTUALLY KNEW THE CONSEQUENCE of their actions (from the INDIVIDUALS PERSPECTIVE, just cause the average person would react one way doesn’t mean they would, fear of clowns and clown attack)

Question 4

judgement

Answer 4

DECISION of a court regarding the RIGHTS and LIABILITIES of parties in a legal action or proceeding

Question 5

empanelling

Answer 5

PUTTING TOGETHER a JURY

Question 6

actus reus

Answer 6

the act of COMMITTING a WRONGFUL ACTION, it alone cannot convict you of a crime

Question 7

caveat emptor

Answer 7

“LET THE BUYER BEWARE”, no longer a thing, the obligation was on the buyer to check the quality of the purchased goods

Question 8

curia regis

Answer 8

the KING’S COUNCIL, a body of ADVISERS to the monarch, now the CABINET in government

Question 9

factum

Answer 9

STATEMENT OF FACTS (of a case) which SUMMARIZE BOTH SIDES of a case for an APPEAL

Question 10

habeas corpus

Answer 10

to have the person brought brought before the court to EVALUATE the LEGALITY OF THEIR DETENTION (inquire into their detention, ex. unlawful imprisonment)

Question 11

in camera

Answer 11

IN PRIVATE, matters are heard in a courtroom from which spectators are EXCLUDED, raises issues about TRANSPARENCY

Question 12

intra vires

Answer 12

WITHIN the AUTHORITY of the GOVERNMENT (ex. questioning a minor without a parent present is ultra vires)

Question 13

magna carta

Answer 13

CHARTER signed by the king in 1215, making NO ONE ABOVE the law

Question 14

non est factum

Answer 14

NOT a FACT in the eyes of the court, a document is NOT BEING USED PROPERLY, DOESN’T RELATE

Question 15

prima facie

Answer 15

PRESUMED to be TRUE unless proven otherwise, take something at FACE VALUE (assumed to be true)

Question 16

res ipsa loquitor

Answer 16

WRONGDOING IS ASSUMED (goes against the golden thread principle, burden of proof is on the accused)

Question 17

stare decisis

Answer 17

to STAND BY previous DECISIONS (PRECEDENT, must follow the precedent set by previous cases)

Question 18

trial de novo

Answer 18

a NEW TRIAL held in which the whole case is retried, in the case of a MISTRIAL

Question 19

voir dire

Answer 19

TRIAL WITHIN A TRIAL, to decide the admissibility of evidence (MOM as a witness)

Question 20

res judica

Answer 20

an issue in dispute that has previously been decided CANNOT be LITIGATED AGAIN

Question 21

rex & regina (R)

Answer 21

KING and QUEEN, used in LEGAL CITATION (R v. smith), R represents the CROWN (monarchy), now is REX, no longer regina

Question 22

ratio decidendi

Answer 22

the REASON a judge provides for the decision, which identifies the LEGAL REASONING

Question 23

obiter dictum

Answer 23

an OPINION that is UNNECESSARY for the decision of the case (superfluous information)

Question 24

specific intent

Answer 24

the MENTAL PURPOSE to accomplish a specific act prohibited by law, KNOWINGLY committing the crime and INTENDING to cause a CERTAIN RESULT (violate the law, cause harm)

Question 25

respondent

Answer 25

THE DEFENDANT, the person (or the Crown in a criminal case) AGAINST WHOM the appeal is being launched

Question 26

style of cause

Answer 26

the part of the TITLE OF A CASE referring to the PARTIES INVOLVED in a legal action (R. v. “X”)

Question 27

sovereignty

Answer 27

the SUPREME AUTHORITY (power) of a nation-state to USE its POWER on its subjects within its defined boundaries (ex. drafting and law enforcement)

Question 28

appellant

Answer 28

the PERSON launching an appeal to a HIGHER COURT to reverse the decision of a lower court

Question 29

statute

Answer 29

the LAW ENACTED by a GOVERNMENT

Question 30

jurisprudence

Answer 30

the PHILOSOPHY of LAW, the THINKING BEHIND the laws we make

Question 31

equality

Answer 31

everyone is TREATED THE SAME under the law (ex. food portions)

Question 32

equity

Answer 32

treating people FAIR (treat like cases alike)

Question 33

bias

Answer 33

PREJUDICE in FAVOUR or AGAINST something (usually in a way that is considered unfair). a PRECONCEIVED opinion or state of mind

Question 34

motive

Answer 34

the REASON (motivation) for an act

Question 35

intent

Answer 35

the GOAL (intention) of an act

Question 36

referendum

Answer 36

THE PEOPLE cast a VOTE on A QUESTION (ex. Quebec separating from Canada)