Definitions Flashcards
mens rea
“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
objective foreseeability (standard)
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)
subjective foreseeability (standard)
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)
judgement
DECISION of a court regarding the RIGHTS and LIABILITIES of parties in a legal action or proceeding
empanelling
PUTTING TOGETHER a JURY
actus reus
the act of COMMITTING a WRONGFUL ACTION, it alone cannot convict you of a crime
caveat emptor
“LET THE BUYER BEWARE”, no longer a thing, the obligation was on the buyer to check the quality of the purchased goods
curia regis
the KING’S COUNCIL, a body of ADVISERS to the monarch, now the CABINET in government
factum
STATEMENT OF FACTS (of a case) which SUMMARIZE BOTH SIDES of a case for an APPEAL
habeas corpus
to have the person brought brought before the court to EVALUATE the LEGALITY OF THEIR DETENTION (inquire into their detention, ex. unlawful imprisonment)
in camera
IN PRIVATE, matters are heard in a courtroom from which spectators are EXCLUDED, raises issues about TRANSPARENCY
intra vires
WITHIN the AUTHORITY of the GOVERNMENT (ex. questioning a minor without a parent present is ultra vires)
magna carta
CHARTER signed by the king in 1215, making NO ONE ABOVE the law
non est factum
NOT a FACT in the eyes of the court, a document is NOT BEING USED PROPERLY, DOESN’T RELATE
prima facie
PRESUMED to be TRUE unless proven otherwise, take something at FACE VALUE (assumed to be true)
res ipsa loquitor
WRONGDOING IS ASSUMED (goes against the golden thread principle, burden of proof is on the accused)
stare decisis
to STAND BY previous DECISIONS (PRECEDENT, must follow the precedent set by previous cases)
trial de novo
a NEW TRIAL held in which the whole case is retried, in the case of a MISTRIAL
voir dire
TRIAL WITHIN A TRIAL, to decide the admissibility of evidence (MOM as a witness)
res judica
an issue in dispute that has previously been decided CANNOT be LITIGATED AGAIN
rex & regina (R)
KING and QUEEN, used in LEGAL CITATION (R v. smith), R represents the CROWN (monarchy), now is REX, no longer regina
ratio decidendi
the REASON a judge provides for the decision, which identifies the LEGAL REASONING
obiter dictum
an OPINION that is UNNECESSARY for the decision of the case (superfluous information)
specific intent
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)
respondent
THE DEFENDANT, the person (or the Crown in a criminal case) AGAINST WHOM the appeal is being launched
style of cause
the part of the TITLE OF A CASE referring to the PARTIES INVOLVED in a legal action (R. v. “X”)
sovereignty
the SUPREME AUTHORITY (power) of a nation-state to USE its POWER on its subjects within its defined boundaries (ex. drafting and law enforcement)
appellant
the PERSON launching an appeal to a HIGHER COURT to reverse the decision of a lower court
statute
the LAW ENACTED by a GOVERNMENT
jurisprudence
the PHILOSOPHY of LAW, the THINKING BEHIND the laws we make
equality
everyone is TREATED THE SAME under the law (ex. food portions)
equity
treating people FAIR (treat like cases alike)
bias
PREJUDICE in FAVOUR or AGAINST something (usually in a way that is considered unfair). a PRECONCEIVED opinion or state of mind
motive
the REASON (motivation) for an act
intent
the GOAL (intention) of an act
referendum
THE PEOPLE cast a VOTE on A QUESTION (ex. Quebec separating from Canada)
