Definitions Flashcards
What is law?
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.
Arrest
the detaining of a person
Crime
An offence against society or the state, considered unacceptable and deserving punishment
common law
law based on british customs and traditions
Example: Magna Carta
Reasonable person
an ordinary person of normal intelligence
rule of precedent
applying previous decision to a case that has similar circumstance
Justinian code
the clarification and organization of roman law commissioned by Byzantine Emperor Justainian I (527-565)
Double jepardy
the prosecution of a person twice for the same offence
writ
a form of written comman in the name of the court or other legal athority to act, or abstain from acting, in some way.
Magna Carta
A royal charger of rights agreed to by King John of england in June 1215
Precedence
condition of being considered more importanted than someone or something else, priotiry in importance, order, or rank.
statute of westminister
an amendment to the BNA Act that extended Canadas law making powers
Mosaic Law
Biblical pr hebrew law found in the old testament
Democratic rights
the right to vote, to campaign, and to seek elected office.
Constitution
formal document setting legal structure of a nation based on political foundation
BNA
passed in 1867, forms a major part of Canadas constitution, didnt make canada fully independent
fundemental freedoms
allow individuals and groups to express themselves, to believe and pracitce what they chose, and express the right to vote.
mobility rights
rights designed to ensure individuals can move around the country and earn a livelihood wherever they may choose.
Legal Rights
the collection of the capacities, powers, liberties, and privileges by which a claim is secured.
hearsay evidence
testimony based on what a witness was heard from another person, rather than on direct personal knowledge or experience
Indictable Offence
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.
Canadian Human Rights Act
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.
Hybrid Offence
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.
Charge to the Jury
the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors
Summary of a Case
an overview of a judge’s legal opinion of a certain case
Writ of Habeas Corpus
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.
Mistakes of Law
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.
Voir Dire
a preliminary examination of a witness or a juror by a judge or counsel.
Warrant
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.
Duty of Care
the obligation to foresee and avoid careless actions that might cause harm to others
Provincial Court
The court that takes in less serious cases such as bail hearings or family disputes
Intentional Tort
actions intended to cause injury to others
Standard of Care
the degree of caution or level of conduct expected of a reasonable person
Open Custody
less secure facilities for nonviolent offenders
Secure Custody
Secure custody refers to facilities designated for secure restraint
Next Friend
an agent of the court whose role is to protect the rights of the incompetent person.
Guardian ad litem
a neutral person the court appoints to investigate what solutions would be in the “best interests of a child.”
Aggravating Circumstances
the factors that increase the severity or culpability of a criminal act.
Unintentional Tort
injuries caused by an accident or an action that was not intended to cause harm
Foreseeability
the ability of a reasonable person to anticipate the consequence of an action
1960 Canadian Bill of Rights
purported to empower judges to veto legislation that violated fundamental freedoms such as free speech or due process
Compulsion
the action or state of forcing or being forced to do something; constraint
Neighbour Principle
one must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one’s neighbour
Mitigating Circumstances
a factor that lessens the severity of an act or the actor’s culpability for the action.
