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Victimization & the Law > Key Terms & Concepts > Flashcards

Key Terms & Concepts Flashcards

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1
Q

Payment made to the victim by the offender for the crime committed.

A

Bot

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2
Q

The Babylonian Code of law from Mesopotamia which is one of the world’s oldest and most complete legal codes dating back to 1754 BC.

A

Code of Hammurabi

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3
Q

A term used in the modern criminal justice system to describe any person who has experienced loss, injury, or hardship due to the illegal action of another individual, group, or organization (Ferguson & Turvey, 2009).

A

Crime Victim

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4
Q

Referred to in victimology as the era after the emergence of written laws and structured governments, where all offences were viewed as perpetrated against the king or state, not against the victims or their family (Ferguson & Turvey, 2009).

A

Dark Age of the Victim

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5
Q

A form of collective responsibility for good conduct whereby free Englishmen had to swear to maintain the peace.

A

Frankpledge

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6
Q

Referred to in victimology as the historical period thought to have occurred before written law, whereby victims played a direct role in determining the punishment for actions of another committed against them or their property (Ferguson & Turvey, 2009).

A

Golden Age of the Victim

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7
Q

A Norman initiative, drawn from the Germans, whereby an injury to a person or property in a place that was protected by the King’s Peace converted the private injury into a public wrong.

A

King’s Peace

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8
Q

A legal document signed by King John of England in 1215 which provided the foundation for English common law.

A

Magna Carta

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9
Q

A period in English history following the defeat (1066) of King Harold of England by William, duke of Normandy, who became William I of England which resulted in a number of changes to the country’s legal landscape.

A

Norman Conquest

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10
Q

A concept introduced by the Normans whereby if a wrongdoer could not, or would not, pay the necessary restitution to his victim, he was ostracized from the community, and anyone could kill him with impunity (Shafer, 1977).

A

Outlawry

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11
Q

A system developed in early England whereby every male over the age of twelve had to belong to a group with nine others and were responsible for the behaviour of each other. As such, if one person in the tithing broke the law the other members were responsible for getting the accused to court or would be subjected to a fine (The National Archives, United Kingdom, n.d.).

A

Tithing

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12
Q

Payment made to the king by the offender for the crime committed.

A

Wite

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13
Q

Ensures that the government deals with citizens fairly and lawfully (Department of Justice, 2016)

A

Administrative Law

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14
Q

An Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law

A

Canada Evidence Act

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15
Q

One part of the Constitution that sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society, and came into force in 1982 (Government of Canada, 2018)

A

Charter of Rights and Freedoms

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16
Q

A body of law that outlines rules on settling disputes between individuals (Department of Justice, 2016)

A

Civil Law

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17
Q

Refers to the accretion of judicial precedents, and a common law system of justice is one in which case law is as important as statutory provisions

A

Common Law

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18
Q

Provides the fundamental rules and principles that govern a country, creates many of the institutions and branches of government, and defines their powers (Department of Justice, 2017)

A

Constitution

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19
Q

Originally known as the British North America Act, the Constitution Act, 1867 was passed on July 1, 1867 by the British Parliament and created Canada into a federal state with a parliamentary system modelled on that of Britain, and divided the powers between the provinces and federal government

A

Constitution Act

20
Q

A body of law derived from the common law or a written constitution that defines the powers of the executive, legislature and judiciary and guides the duties and rights of citizens (Department of Justice, 2016)

A

Constitutional Law

21
Q

A federal drug control statute passed in 1996

A

Controlled Drugs and Substances Act

22
Q

The highest court within the province or territory that hears appeals from Superior Courts and Provincial or Territorial Courts

A

Court of Appeal

23
Q

Created in 1959, it has jurisdiction to hear appeals of decisions from military courts established under the National Defence Act (Court Martial Appeal Court of Canada, 2018)

A

Court Martial Appeal Court of Canada

24
Q

A consolidation of crimes and criminal law procedure into a single law statute that was enacted in 1892

A

Criminal Code

25
Q

A body of law that defines conduct prohibited by Parliament because it threatens or harms public safety and sets out punishments for those acts (Department of Justice, 2016)

A

Criminal Law

26
Q

Created in 1971, is a national trial court which hears and decides legal disputes arising in the federal domain, including claims against the Government of Canada, civil suits in federally-regulated areas and challenges to the decisions of federal tribunals (Federal Court, 2019)

A

Federal Court

27
Q

Has jurisdiction to hear appeals from judgments of the Federal Court and the Tax Court of Canada to ensure that federal legislation is applied in a uniform and constant manner across the country (Federal Court of Appeal, 2018)

A

Federal Court of Appeal

28
Q

A citizen’s right to live their life without interference from the government unless they impinge on the freedoms of others (Justice Education Society, 2016)

A

Freedom

29
Q

A person appointed by our Monarch, on the advice of the Prime Minister, to be the Monarch’s representative in Canada. The Governor General is appointed for a term of five years, and the term may be extended (Parliament of Canada, n.d.)

A

Governor General

30
Q

An Act respecting income taxes passed in 1985

A

Income Tax Act

31
Q

Also known as detention centers, jails detain persons who have been arrested and charged with an offence until their trial (referred to as remand), house offenders sentenced to short terms, and those awaiting transfer to a federal or provincial facility

A

Jail

32
Q

The branch of government that includes courts of law and judges (Department of Justice, 2016)

A

Judiciary

33
Q

The type of case and the physical area over which the court has legal authority (Department of Justice, 2016)

A

Jurisdiction

34
Q

A type of conditional release that allows an offender to serve part of their sentence in the community under the supervision of a Correctional Service of Canada (CSC) parole officer, or provincial parole board depending on the jurisdiction, and subject to conditions

A

Parole

35
Q

An independent administrative tribunal under Public Safety Canada. The Board has exclusive authority, under the Corrections and Conditional Release Act (CCRA), to grant, deny, and revoke parole for offenders serving sentences of two years or more and for offenders serving sentences of less than two years in all provinces and territories except Ontario and Quebec, which have their own parole boards (Parole Board of Canada, 2011)

A

Parole Board of Canada

36
Q

A hearing held by the Court to decide whether there is enough evidence to send the case to trial, also referred to as pre-trial hearings

A

Preliminary Hearing

37
Q

Courts staffed by judges appointed by the province to deal with criminal matters, except the most serious ones which can only be tried in the higher courts. They also conduct pre-trial hearings, called preliminary hearings, in criminal cases destined for trial in Superior Court, and handle violations of provincial laws (Canadian Superior Courts Judges Association, 2018; Department of Justice, 2017)

A

Provincial or Territorial Court

38
Q

A custodial institution where offenders serve out their sentences, also referred to as correctional centers

A

Prison

39
Q

When a person has been arrested and charged with an offence and is being detained in custody until their trial

A

Remand

40
Q

A legal, moral, or social expectation that citizens are entitled to from the government, such as an accused person’s right to a lawyer and a fair trial within a reasonable amount of time (Justice Education Society, 2016)

A

Right

41
Q

Responsible for civil cases involving sums less than a set amount which varies based on the province or territory

A

Small Claims Court

42
Q

Have jurisdiction to hear trials of any serious offences and have exclusive jurisdiction to hear cases involving particularly serious crimes, handle family matters, civil cases involving large amounts of money and Charter challenges, as well as review the decisions of administrative tribunals and some lower courts (Canadian Superior Courts Judges Association, 2018)

A

Superior Court

43
Q

An Act passed by Parliament which established the Supreme Court of Canada, originally passed in 1875 (Supreme Court of Canada, 2018)

A

Supreme Court Act

44
Q

Governed by the Supreme Court Act, the Supreme Court of Canada was constituted in 1875 by an act of Parliament and is a general court of appeal from all other Canadian courts of law thereby having jurisdiction over disputes in all areas of the law (Supreme Court of Canada, 2018)

A

Supreme Court of Canada

45
Q

Created in 1983, deals specifically with disputes between taxpayers and the federal government over tax assessments (Canadian Superior Courts Judges Association, 2018)

A

Tax Court of Canada

46
Q

The law that governs our youth justice system and covers youth between the ages of 12 to 17 who are alleged to have committed a criminal offence

A

Youth Criminal Justice Act

Victimization & the Law (2 decks)

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