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EXAM DEFINITIONS > Definitions > Flashcards

Definitions Flashcards

1
Q

What is law?

A

systems of rules which a particular country or community recognises as regulating actions of its members and which it may enforce by the imposition of penalties.

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2
Q

Arrest

A

the detaining of a person

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3
Q

Crime

A

An offence against society or the state, considered unacceptable and deserving punishment

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4
Q

common law

A

law based on british customs and traditions

Example: Magna Carta

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5
Q

Reasonable person

A

an ordinary person of normal intelligence

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6
Q

rule of precedent

A

applying previous decision to a case that has similar circumstance

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7
Q

Justinian code

A

the clarification and organization of roman law commissioned by Byzantine Emperor Justainian I (527-565)

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8
Q

Double jepardy

A

the prosecution of a person twice for the same offence

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9
Q

writ

A

a form of written comman in the name of the court or other legal athority to act, or abstain from acting, in some way.

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10
Q

Magna Carta

A

A royal charger of rights agreed to by King John of england in June 1215

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11
Q

Precedence

A

condition of being considered more importanted than someone or something else, priotiry in importance, order, or rank.

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12
Q

statute of westminister

A

an amendment to the BNA Act that extended Canadas law making powers

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13
Q

Mosaic Law

A

Biblical pr hebrew law found in the old testament

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14
Q

Democratic rights

A

the right to vote, to campaign, and to seek elected office.

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15
Q

Constitution

A

formal document setting legal structure of a nation based on political foundation

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16
Q

BNA

A

passed in 1867, forms a major part of Canadas constitution, didnt make canada fully independent

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17
Q

fundemental freedoms

A

allow individuals and groups to express themselves, to believe and pracitce what they chose, and express the right to vote.

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18
Q

mobility rights

A

rights designed to ensure individuals can move around the country and earn a livelihood wherever they may choose.

19
Q

Legal Rights

A

the collection of the capacities, powers, liberties, and privileges by which a claim is secured.

20
Q

hearsay evidence

A

testimony based on what a witness was heard from another person, rather than on direct personal knowledge or experience

21
Q

Indictable Offence

A

specific kinds of offences that can only be tried in front of a federal court. Indictable offences are the most serious offences under the Criminal Code, they include theft over $5,000, aggravated sexual assault and murder.

22
Q

Canadian Human Rights Act

A

The Act forbids the following discriminatory practices if they are based on one of the grounds of discrimination: Denying someone goods, services, facilities, or accommodation, a real life example is Refusing to employ or continue to employ someone or treating them unfairly in the workplace.

23
Q

Hybrid Offence

A

an offence where the prosecutor can choose, based on factors such as the seriousness of the accused’s actions and the harm caused, to proceed with the offence as either a summary conviction offence or as an indictable offence.

24
Q

Charge to the Jury

A

the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors

25
Q

Summary of a Case

A

an overview of a judge’s legal opinion of a certain case

26
Q

Writ of Habeas Corpus

A

means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to show good cause for their detention.

27
Q

Mistakes of Law

A

a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court.

28
Q

Voir Dire

A

a preliminary examination of a witness or a juror by a judge or counsel.

29
Q

Warrant

A

a document issued by a legal or government official authorising the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

30
Q

Duty of Care

A

the obligation to foresee and avoid careless actions that might cause harm to others

31
Q

Provincial Court

A

The court that takes in less serious cases such as bail hearings or family disputes

32
Q

Intentional Tort

A

actions intended to cause injury to others

33
Q

Standard of Care

A

the degree of caution or level of conduct expected of a reasonable person

34
Q

Open Custody

A

less secure facilities for nonviolent offenders

35
Q

Secure Custody

A

Secure custody refers to facilities designated for secure restraint

36
Q

Next Friend

A

an agent of the court whose role is to protect the rights of the incompetent person.

37
Q

Guardian ad litem

A

a neutral person the court appoints to investigate what solutions would be in the “best interests of a child.”

38
Q

Aggravating Circumstances

A

the factors that increase the severity or culpability of a criminal act.

39
Q

Unintentional Tort

A

injuries caused by an accident or an action that was not intended to cause harm

40
Q

Foreseeability

A

the ability of a reasonable person to anticipate the consequence of an action

41
Q

1960 Canadian Bill of Rights

A

purported to empower judges to veto legislation that violated fundamental freedoms such as free speech or due process

42
Q

Compulsion

A

the action or state of forcing or being forced to do something; constraint

43
Q

Neighbour Principle

A

one must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one’s neighbour

44
Q

Mitigating Circumstances

A

a factor that lessens the severity of an act or the actor’s culpability for the action.

EXAM DEFINITIONS (2 decks)

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