key terms test #1 Flashcards
Federal Criminal Law Power
The authority of the Parliament of Canada to create criminal laws that apply across the country
Jurisdiction
The extent of power to make legal decisions and judgements
Legal Moralism / Legal Fault
A viewpoint that a behaviour can be considered legally wrong and punishable because it is morally wrong ( ex. Adultery - cheating on your partner)
Law as an Instrument of Change
Laws that can change how people think and act ( legal frameworks, governments and protect individual rights )
Preliminary Hearing / Inquiry
A legal proceeding in criminal cases to determine whether there is enough evidence to go to trial
Minimum Standard of Care
Refers to the basic level of attention, caution and responsibility that individually is legally required to demonstrate to avoid being considered negligent
stare decisis
A legal principle that requires courts to follow previous rulings when deciding similar cases. ( ex losing a wallet and returning it the owner analogy, everyone now does the same thing)
Judicial Interpretation
How judges explain or decide what laws mean and how they should be applied
Reasonableness v Correctness Review
a. A reasonable decision is based on a logical understanding
b. A correct decision is the only right answer in the eyes of the law
Patriation
The process of taking back a country’s constitution from another country ( ex. The transformation of Canada’s constitution from an act of the British Parliament )
corporations, Legal personality
A corporation is a legal person, it has its own rights and duties similar to a natural person
Reasonable Limits Clause
Located in section 1 of the Canadian charter of Rights and Freedoms, it allows government to limit an individual’s rights, but only under reasonable limits
Notwithstanding Clause
Section 33 of the Canadian Charter of Rights and Freedoms, allows a legislature to temporarily override some of the Charter’s rights and freedoms
Sunset Clause
Provision in a law or contract that specifies when it will end ( ex. When a treaty will automatically end )
Habeus Corpus
Allows a person to challenge the legality of their imprisonment ( ex. A person who believes that they are wrongfully detained )
Case Law Material
A collection of written material from courts that are used to make legal judgements
Reverse Onus Clause
A legal provision that shifts the burden of proof from one party to another ( ex. It becomes the accused job to prove that they’re innocent)
Limiting Laws
Laws that limit rights or freedoms, but only when it’s necessary to achieve a goal ( ex. Limiting free speech when it comes to hatred or violence of specific groups )
Purposive / Strict Interpretation
Focuses on the purpose or intention behind the law ( ex. No loitering, a judge maybe look at this law and interpret it in a way that achieves broader objectives)
Golden Thread
The golden thread is the principle that the prosecution has the burden of proving a defendant’s guilt beyond a reasonable doubt
Quantum of Proof
The amount and quality of evidence needed to reach a legal decision ( ex. Beyond a reasonable doubt is the standard of proof in criminal cases)
Vagueness
Vagueness in law means unclear and can be difficult to understand in legal dispute
Arbitrariness
A decision made on personal preference rather than logic
Overbreadth
A legal doctrine that describes laws that are too broad or go beyond what is necessary
Gross disproportionality
Refers to a situation where a legal action or penalty is excessively severe to the circumstances involved
Contextualism
Emphasizes the importance of context in understanding actions and expressions
Invariantism
Refers to a view that certain standards or truths remain constant across different contexts ( ex. Morals do not change based on cultural norms )
ultra vires
Refers to the term “beyond the powers” it refer to acting beyond one’s legal power or authority
Legislative objective
This objective refers to creating laws in a clear and effective way that give legal effect to government policy
