Definitions Flashcards
Law
A set of statutes and rules that individuals within a society are governed by or are compelled to follow.
Arrest
legally depriving someone of liberty by seizing or touching the person to indicate that he or she is under custody
Crime
an offence against society or the state that society considers unacceptable and deserves punishment.
Common law
Law that developed in English courts, relies on case law and is common to all people.
Reasonable Person
an ordinary person of normal intelligence
Rule of precedent
Applying a previous decision to a case that has similar circumstances
Justinian code
The clarification and organization of Roman law commissioned by Justinian I
Double Jeopardy
the legal doctrine that an accused person cannot be tried twice for the same offence
Writ
a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.
Magna Carta
a charter of political and civil rights signed in 1215 at Runnymede in England.
Precedence
Statute of Westminster
Legislation passed in Britain that extended Canada’s law-making powers
Mosaic Law
Biblical or Hebrew law found in the Book of Exodus
King Henri II
King of France in the mid-1500s. Believed to be the founder of English common law.
Democratic Rights
Every person has the right to vote and run for public office under certain circumstances.
Constitution
A document that sets the legal structure for a nation. Also creates a governing body.
British North American Act
Act that established the dominion of Canada under a colony of Britain. Gave Canada the ability to pass laws if approved by the English parliament.
Fundamental Freedoms
essential freedoms such as the freedom of conscience and religion; freedom of thought, belief, opinion and expression including freedom of the press and other media; freedom of peaceful assembly; and freedom of association.
Mobility Rights
the right of every Canadian to choose to live and work in any province or territory in Canada. Canadians also have the right to live in, leave or re-enter Canada whenever they choose.
Legal Rights
The rights held by anyone investigated, detained or criminally charged, or who is faced with legal restrictions of any kind are guaranteed.
Hearsay Evidence
Evidence given by a witness based on information received from someone else rather than personal knowledge
Indictable Offence
a crime that is more serious than a summary conviction offence and carries a heavier penalty
Canadian Human Rights Act
a statute passed by the Parliament of Canada in 1977 with the goal of ensuring equal opportunities for those who have been discriminated against.
Hybrid Offence
an offence that the crown can charge as either a summary or indictable offence.
Charge to the Jury
the judge’s explanation to the jurors of how the law applies to the case before them.
Summary of a Case
After all testimony each counsel presents a summary of the case. The crown will attempt to show the defendant’s guilt. The defence will try to show the crown has failed to establish mens rea or actus reus.
Writ of Habeas Corpus
a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Mistakes of Law
section 19 of the criminal code states that mistakes of law are not an excuse for committing a crime, however, mens rea is always into consideration when determining if a crime has been committed.
Duty of Care
The obligation to foresee and avoid careless actions that might cause harm to others.
Warrant
A document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
Voir Dire
a mini-trial in which jurors are excluded while the admissibility of evidence is discussed.
Provincial Court
The lowest level in the hierarchy of Canadian courts.
Intentional Tort
actions intended to cause injury to others. Usually, harm intended is exceeded.
Standard of Care
The degree of caution or level of conduct expected of a reasonable person.
Open Custody
less secure facilities for non-violent offenders.
Secure Custody
a sentence that incarcerates a young criminal in a special youth facility
Next Friend
an adult who represents a child or person under a disability who initiates a civil lawsuit.
Guardian ad litem
a person appointed by the court to look after and protect the interests of someone who is unable to take care of themselves. Typically a minor or someone who is determined to be legally incompetent.
Aggravating Circumstances
factors that increase the severity of the sentence. (past record, more serious harm was intended, premeditation)
Unintentional Tort
injuries caused by actions or an accident that were not intended to cause harm.
Foreseeability
the ability of a reasonable person to anticipate the consequences of an action
Compulsion
a defence in which the accused person is forced by the threat of violence to commit a criminal act against his or her will.
Mitigating Circumstances
Factors that reduce the severity of a sentence (mental illness, good behaviour, clean record, plea bargain)
