Exam Review - Key Terms Flashcards
Someone who, after a crime is committed + knowing that it was, receives, comforts, or helps the criminal escape.
Accessory After the Fact
An alternative dispute resolution process in which the arbitrator hears both sides + makes a final decision; more formal than negotiation & mediation.
Arbitration
Balance of Properties
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.
Claim
A legal document in a civil action outlining the plaintiff’s case against the defendant.
A domestic contract between 2 unmarried ppl who live together; concerning property + obligations to each other.
Cohabitation Agreement
Double Jeopardy
Being tried twice for the same offence - prohibited.
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.
Balance of Properties
A legal document in a civil action outlining the plaintiff’s case against the defendant.
Claim
Cohabitation Agreement
A domestic contract between 2 unmarried ppl who live together; concerning property + obligations to each other.
A defence that the accused took responsibility care not to commit the act or honestly believed their actions were innocent.
Due Diligence
Information
A written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence.
A written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence.
Information
An alternative dispute resolution process in which a 3rd party tries to get opposing parties to reach an agreement.
Mediation
Plaintiff
In civil law, the party suing.
Respondant
In a court case, the party (eg. Crown) who opposes the appeal requested by the other party, the appellant.
Consecutive Sentences
Served one after the other.
Concurrent Sentences
Merge sentences together, allowing an offender to serve multiple sentences at the same time.
Rare situation where a jury will ignore the law + acquit a person based on the situation.
Nullification
Strict Liability Offences
Accused may agree they did the offence BUT can defend themselves by claiming “due diligence.”
Absolute Liability Offences
No defence possible! Once Crown proves the offence did occur + the accused is responsible for it, court must find them guilty.
No defence possible! Once Crown proves the offence did occur + the accused is responsible for it, court must find them guilty.
Absolute Liability Offences
Accused may agree they did the offence BUT can defend themselves by claiming “due diligence.”
Strict Liability Offences
Summary Conviction
A less serious criminal offence - misdemeanors.
Indictable Conviction
A more serious criminal offence w/ severe punishment.
Hybrid Conviction
A criminal offence the Crown decides how to treat the charge.
Usually proceed very quickly + tried in prov. courts before a judge alone. Max penalty: Fine up to $5000 and/or 6 months prison.
Summary Offences
Culpable Homicides
Assign blame bc the killing is intentional or the result of reckless behaviour.
Non-Culpable Homicides
Do not assign blame + no one is criminally responsible for the killing.
Do not assign blame + no one is criminally responsible for the killing.
Non-Culpable Homicides
Challenge of the Jury List
Crown & defence may challenge the validity of the jury list. May be successful if a side can prove the list fraudulent or biased.
Challenge for Cause
Crown or defence may wish to exclude a potential juror for a specific reason.
Peremptory Challenge
Crown or defence may wish to exclude a intentional juror w/out a specific reason. No longer permitted.
Crown or defence may wish to exclude a potential juror for a specific reason.
Challenge for Cause
Extrajudicial Sanctions
Diversion programs for young offenders who are non-violent, first-time, + unlikely to reoffend; designed to keep youth out of the court system.
Abetting
Encouraging, inciting, or urging another person to commit a crime.
Encouraging, inciting, or urging another person to commit a crime.
Abetting
Duress
Illegal coercion; threat or use of violence to force a person to do smth against their will.
Prejudice
A preconceived opinion of a person based on the person belonging to a certain group.
Appearance Notice
A legal document detailing what criminal offence the accused is charged w/ + the court date the accused must attend.
A legal document detailing what criminal offence the accused is charged w/ + the court date the accused must attend.
Appearance Notice
Habeas Corpus
- “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
A legal document issued by a judge to order the arrest of the accused, naming/describing them + listing alleged offences.
Warrant for Arrest
Suggest that an offender can be rehabilitated + they don’t pose a threat to society, or don’t need strong deterrent measures.
Mitigating Circumstances
Suggest that rehabilitation is unlikely or a strong deterrent is necessary.
Aggravating Circumstances
