Exam Definitions Flashcards
Apartheid
a former policy of the South African Government that involved discrimination and segregation directed against non-whites
Precedent
a legal decision that is taken as a guide for subsequent cases
Intra Vires
within the power of
Stare Decisis
to stand by the decision
Ultra Vires
beyond the power of
Jurisprudence
philosophical interpretations of the meaning and nature of law
Legal Realism
the school of legal philosophy that examines law in a realistic way rather than a theoretical fashion; the belief that law is determined by what actually happens in the courts as judges interpret and apply law
Marxism
An economic and political theory that states that law is an instrument of oppression and control that the ruling classes use against the working classes (bourgeoisie and proletariat)
Natural Law
The theory that human laws are derived from eternal principles through our ability to reason
Positive Law
The theory that law is a body of rules formulated by the state, and citizens are obligated to obey for the good of the state as a whole
Utilitarianrism
The theory that the law should achieve the greatest good for the greatest number of people
Notwithstanding Clause
- A clause in the Charter that may be invoked by Parliament or provincial legislatures to override basic Charter provisions
- Only used 3 times in Canadian history: twice in Quebec and 1 in Saskatchewan
- The Federal Gov never used it
- *only applies to legal rights, language, and equality??
Read Down
To rule that, while a piece of legislation may generally be consistent with the Charter, it is inconsistent in the particular case at hand
Strike Down
To rule that a piece of legislation is inconsistent with the Charter and is no longer valid
Acquitted
Found not guilty of an offence
Affirmative Defence
A defence that justifies an accused’s criminal conduct
Case to Meet
A case for the Crown that is sufficiently strong to support a conviction
Challenge for Cause
Procedure for challenging a potential juror for a reason listed in s.638 in the Criminal Code
Culpability
Guilt; blameworthiness
Duress
illegal threats
Empanelling a Jury
Process of jury selection
Hearsay
Evidence consisting of matters that a witness was told
Jury Array
Pool of potential jurors
NCR Acquittee
A person found not criminally responsible at trial
Negativing Defence
A defence that raises doubt about whether the accused committed the offence charged
Peremptory Challenge
The procedure by which the defence or Crown can reject a juror without giving reasons
Voir Dire
trial within a trial to determine whether evidence is admissible
