Exam Review - Key Terms

Question 1

Someone who, after a crime is committed + knowing that it was, receives, comforts, or helps the criminal escape.

Answer 1

Accessory After the Fact

Question 2

An alternative dispute resolution process in which the arbitrator hears both sides + makes a final decision; more formal than negotiation & mediation.

Answer 2

Arbitration

Question 3

Balance of Properties

Answer 3

The basis of the greater likelihood; the degree of proof necessary in a civil action compared to proof beyond a reasonable doubt in criminal cases.

Question 4

Claim

Answer 4

A legal document in a civil action outlining the plaintiff’s case against the defendant.

Question 5

A domestic contract between 2 unmarried ppl who live together; concerning property + obligations to each other.

Answer 5

Cohabitation Agreement

Question 6

Double Jeopardy

Answer 6

Being tried twice for the same offence - prohibited.

Question 7

The basis of the greater likelihood; the degree of proof necessary in a civil action compared to proof beyond a reasonable doubt in criminal cases.

Answer 7

Balance of Properties

Question 8

A legal document in a civil action outlining the plaintiff’s case against the defendant.

Answer 8

Claim

Question 9

Cohabitation Agreement

Answer 9

A domestic contract between 2 unmarried ppl who live together; concerning property + obligations to each other.

Question 10

A defence that the accused took responsibility care not to commit the act or honestly believed their actions were innocent.

Answer 10

Due Diligence

Question 11

Information

Answer 11

A written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence.

Question 12

A written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence.

Answer 12

Information

Question 13

An alternative dispute resolution process in which a 3rd party tries to get opposing parties to reach an agreement.

Answer 13

Mediation

Question 14

Plaintiff

Answer 14

In civil law, the party suing.

Question 15

Respondant

Answer 15

In a court case, the party (eg. Crown) who opposes the appeal requested by the other party, the appellant.

Question 16

Consecutive Sentences

Answer 16

Served one after the other.

Question 17

Concurrent Sentences

Answer 17

Merge sentences together, allowing an offender to serve multiple sentences at the same time.

Question 18

Rare situation where a jury will ignore the law + acquit a person based on the situation.

Answer 18

Nullification

Question 19

Strict Liability Offences

Answer 19

Accused may agree they did the offence BUT can defend themselves by claiming “due diligence.”

Question 20

Absolute Liability Offences

Answer 20

No defence possible! Once Crown proves the offence did occur + the accused is responsible for it, court must find them guilty.

Question 21

No defence possible! Once Crown proves the offence did occur + the accused is responsible for it, court must find them guilty.

Answer 21

Absolute Liability Offences

Question 22

Accused may agree they did the offence BUT can defend themselves by claiming “due diligence.”

Answer 22

Strict Liability Offences

Question 23

Summary Conviction

Answer 23

A less serious criminal offence - misdemeanors.

Question 24

Indictable Conviction

Answer 24

A more serious criminal offence w/ severe punishment.

Question 25

Hybrid Conviction

Answer 25

A criminal offence the Crown decides how to treat the charge.

Question 26

Usually proceed very quickly + tried in prov. courts before a judge alone. Max penalty: Fine up to $5000 and/or 6 months prison.

Answer 26

Summary Offences

Question 27

Culpable Homicides

Answer 27

Assign blame bc the killing is intentional or the result of reckless behaviour.

Question 28

Non-Culpable Homicides

Answer 28

Do not assign blame + no one is criminally responsible for the killing.

Question 29

Do not assign blame + no one is criminally responsible for the killing.

Answer 29

Non-Culpable Homicides

Question 30

Challenge of the Jury List

Answer 30

Crown & defence may challenge the validity of the jury list. May be successful if a side can prove the list fraudulent or biased.

Question 31

Challenge for Cause

Answer 31

Crown or defence may wish to exclude a potential juror for a specific reason.

Question 32

Peremptory Challenge

Answer 32

Crown or defence may wish to exclude a intentional juror w/out a specific reason. No longer permitted.

Question 33

Crown or defence may wish to exclude a potential juror for a specific reason.

Answer 33

Challenge for Cause

Question 34

Extrajudicial Sanctions

Answer 34

Diversion programs for young offenders who are non-violent, first-time, + unlikely to reoffend; designed to keep youth out of the court system.

Question 35

Abetting

Answer 35

Encouraging, inciting, or urging another person to commit a crime.

Question 36

Encouraging, inciting, or urging another person to commit a crime.

Answer 36

Abetting

Question 37

Duress

Answer 37

Illegal coercion; threat or use of violence to force a person to do smth against their will.

Question 38

Prejudice

Answer 38

A preconceived opinion of a person based on the person belonging to a certain group.

Question 39

Appearance Notice

Answer 39

A legal document detailing what criminal offence the accused is charged w/ + the court date the accused must attend.

Question 40

A legal document detailing what criminal offence the accused is charged w/ + the court date the accused must attend.

Answer 40

Appearance Notice

Question 41

Habeas Corpus

Answer 41

• “To have the body”
• Means that the accused has the right not to be detained or imprisoned unlawfully
• If the Crown cannot show the reason for detention, the person has to be released

Question 42

A legal document issued by a judge to order the arrest of the accused, naming/describing them + listing alleged offences.

Answer 42

Warrant for Arrest

Question 43

Suggest that an offender can be rehabilitated + they don’t pose a threat to society, or don’t need strong deterrent measures.

Answer 43

Mitigating Circumstances

Question 44

Suggest that rehabilitation is unlikely or a strong deterrent is necessary.

Answer 44

Aggravating Circumstances