(Final Exam) - Definitions Flashcards
Adversarial system
Judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Common law
Law that developed in English courts; relies on case law and is common to all people
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
Stare Decisis
A Latin phrase meaning “to stand by the decision”
Precedent
Applying a previous decision to a case that has similar circumstances
Notwithstanding Claus
Power that allows the provinces to pass a law that may conflict with rights enshrined in the Canadian constitution
Interveners
Ability to join ongoing litigation, either as a matter of right or at the discretion of the court
Reasonable limitation
Section can be used to justify a limitation on a persons charter rights, Charter rights are not absolute
Entrenched
To protect the right or freedom by ensuring it can only be changed by the amendment or charter
Ultra Vires
Beyond the power of government to pass laws
Summary Offense
A crime that is considered less serious and carries a lighter penalty
Hybrid offense
An offense that the crown can try either as an indictable or summary offense
Indictable offense
A more serious crime that carries a heavier penalty
Mens Rea
A deliberate intention to commit a wrongful act with disregard for the consequences
Actus Reus
“Guilty act”, the voluntary action, omission or the state of being that is forbidden by the criminal code
Perpetrator
The person who actually commits the crime
Counseling
Advice given to another as to what he ought to do or not to do
Conspiracy
An agreement between two or more people to carry out an illegal act even if the act does not occur
Abetting
The crime of encouraging the perpetrator to commit an offense
Aiding
A criminal offense that involves helping a perpetrator commit a crime
Motive
The reason one commits a crime
General Intent
The desire to commit a wrongful act with no ulterior motive or purpose
Specific intent
The desire to commit one wrongful act for the sake of committing another
Possession
The state of having knowledge of and control over something
Trafficking
A criminal offense that involves selling, given, transporting, or distributing a controlled substance or an authorization for a controlled substance
Chain of Custody
The witnessed, written record of the people who maintained unbroken control over an item of evidence
Class Characteristics
The general attributes of an object
Individual Characteristics
Specific and unique features of an object
Impressions
Patterns or marks found on surfaces and caused by various objects
Detention
Legally depriving a person of liberty for the purpose of asking questions with or without physical retraint
Surety
A person who agrees to make a payment if the accused does not appear at trial
Hearsay Evidence
Evidence given by a witness based on information received from someone else rather than personal knowledge
Recognizance
A guarantee that the accused will appear in court when required, under penalty of a fine of up to $500
Arrest
Legally depriving one of liberty by seizing or touching the person to indicate that he or she is in custody
Appeal
An application to a higher court to review the decision made by a lower court
Perjury
Knowingly making false statements in court while giving evidence under oath or affirmation
Subpoena
A court order requiring the witness to appear in court on a certain date to give evidence
Alibi
A defense raised by the accused claiming that he or she was somewhere else when the offense was commited
Mischief
Willfully destroying or damaging property or data, interfering with the lawful use of property or data, or interfering with any person in the lawful use of property or data
Public Mischief
Providing false information that causes the police to start or continue an investigation without cause
Perimeter
The area surrounding the center where the offender may have been present or may have left evidence
Circumstantial Evidence
Evidence that cant tell you directly about the fact that was intended to be proved
Direct Evidence
Evidence that links a person to a crime without need of interference (example: They were seen committing crime)
Voir Dire
Mini court that decides the admissibility of evidence
Charge to the Jury
The judge informs the jury of the terms and laws that the jury must apply when making a decision
Color of Right
The honest belief that a person owns or has permission to use an item
Controlled Drug
A drug that is tightly controlled by the government because is may be abused or cause addiction, (controlled part means how it is used, handled, and made)
Common Bawdy House
(Disorderly house) house set of rooms or place of any kind for the purpose of prostitution or practice of indecency, or for the use of by multiple people for such purposes/ a brothel
Preliminary Hearing
Proceeding after a criminal complaint has been filed by the prosecutor to determine whether there was enough evidence to require a trial
Arraignment
Formal reading of a criminal charging document in the presence of the defendant to inform them of the charges being laid against them
Parole
Early release of a prisoner who agrees to abide by certain conditions
Probation
The release of an offender from prison who is under supervision for good behavior in prison
Discharge
An accused person found guilty will be released from prison with no criminal record or criminal conviction
Duress
Constraint illegally exercised to force someone to perform an act
Intoxication
Condition of having physical or mental control being diminished by the effects or either alcohol or drugs
Litigants
Any party to a lawsuit
Contributory Negligence
Failure of an injured plaintiff to act prudently
Injunction
Judicial order that restraints a person from beginning or continuing an action threatening or invading the legal right of another
Lien
Right to keep possession of property belonging to another person until a debt owed by that person is discharged
Tort Law
Branch of law that holds a person(s) or private organization accountable for injury that is either accidental or purposeful
