Definitions

Question 1

Law

Answer 1

A set of statutes and rules that individuals within a society are governed by or are compelled to follow.

Question 2

Arrest

Answer 2

legally depriving someone of liberty by seizing or touching the person to indicate that he or she is under custody

Question 3

Crime

Answer 3

an offence against society or the state that society considers unacceptable and deserves punishment.

Question 4

Common law

Answer 4

Law that developed in English courts, relies on case law and is common to all people.

Question 5

Reasonable Person

Answer 5

an ordinary person of normal intelligence

Question 6

Rule of precedent

Answer 6

Applying a previous decision to a case that has similar circumstances

Question 7

Justinian code

Answer 7

The clarification and organization of Roman law commissioned by Justinian I

Question 8

Double Jeopardy

Answer 8

the legal doctrine that an accused person cannot be tried twice for the same offence

Question 9

Writ

Answer 9

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

Question 10

Magna Carta

Answer 10

a charter of political and civil rights signed in 1215 at Runnymede in England.
Precedence

Question 11

Statute of Westminster

Answer 11

Legislation passed in Britain that extended Canada’s law-making powers

Question 12

Mosaic Law

Answer 12

Biblical or Hebrew law found in the Book of Exodus

Question 13

King Henri II

Answer 13

King of France in the mid-1500s. Believed to be the founder of English common law.

Question 14

Democratic Rights

Answer 14

Every person has the right to vote and run for public office under certain circumstances.

Question 15

Constitution

Answer 15

A document that sets the legal structure for a nation. Also creates a governing body.

Question 16

British North American Act

Answer 16

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.

Question 16

Fundamental Freedoms

Answer 16

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.

Question 17

Mobility Rights

Answer 17

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.

Question 18

Legal Rights

Answer 18

The rights held by anyone investigated, detained or criminally charged, or who is faced with legal restrictions of any kind are guaranteed.

Question 19

Hearsay Evidence

Answer 19

Evidence given by a witness based on information received from someone else rather than personal knowledge

Question 20

Indictable Offence

Answer 20

a crime that is more serious than a summary conviction offence and carries a heavier penalty

Question 21

Canadian Human Rights Act

Answer 21

a statute passed by the Parliament of Canada in 1977 with the goal of ensuring equal opportunities for those who have been discriminated against.

Question 22

Hybrid Offence

Answer 22

an offence that the crown can charge as either a summary or indictable offence.

Question 22

Charge to the Jury

Answer 22

the judge’s explanation to the jurors of how the law applies to the case before them.

Question 23

Summary of a Case

Answer 23

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.

Question 24

Writ of Habeas Corpus

Answer 24

a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

Question 25

Mistakes of Law

Answer 25

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.

Question 26

Duty of Care

Answer 26

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

Question 26

Warrant

Answer 26

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.

Question 26

Voir Dire

Answer 26

a mini-trial in which jurors are excluded while the admissibility of evidence is discussed.

Question 27

Provincial Court

Answer 27

The lowest level in the hierarchy of Canadian courts.

Question 28

Intentional Tort

Answer 28

actions intended to cause injury to others. Usually, harm intended is exceeded.

Question 29

Standard of Care

Answer 29

The degree of caution or level of conduct expected of a reasonable person.

Question 30

Open Custody

Answer 30

less secure facilities for non-violent offenders.

Question 31

Secure Custody

Answer 31

a sentence that incarcerates a young criminal in a special youth facility

Question 32

Next Friend

Answer 32

an adult who represents a child or person under a disability who initiates a civil lawsuit.

Question 33

Guardian ad litem

Answer 33

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.

Question 34

Aggravating Circumstances

Answer 34

factors that increase the severity of the sentence. (past record, more serious harm was intended, premeditation)

Question 35

Unintentional Tort

Answer 35

injuries caused by actions or an accident that were not intended to cause harm.

Question 36

Foreseeability

Answer 36

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

Question 37

Compulsion

Answer 37

a defence in which the accused person is forced by the threat of violence to commit a criminal act against his or her will.

Question 38

Mitigating Circumstances

Answer 38

Factors that reduce the severity of a sentence (mental illness, good behaviour, clean record, plea bargain)