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Law > Law Exam Matching > Flashcards

Law Exam Matching Flashcards

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1
Q

the judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

A

adversarial system

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2
Q

law that developed in English courts; relies on case law, and is common to all people

A

common law

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3
Q

a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

A

habeas corpus

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4
Q

a latin phrase meaning to “stand by the decision”

A

stare decisis

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5
Q

s. 33 of the Canadian charter of rights and freedoms, which allows federal and provincial governments to pass legislation that is exempt from s.2 and ss. 7 to 15 of the charter

A

notwithstanding clause

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6
Q

minimal compensation to acknowledge a moral victory

A

nominal damages

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7
Q

the reason a person committed a crime

A

motive

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8
Q

wilfully 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

A

mischief

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9
Q

a person who agrees to make a payment if the accused does not appear at trial

A

surety

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10
Q

the desire to commit one wrongful act for the sake of accomplishing another

A

specific intent

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11
Q

the degree of caution or level of conduct expected of a reasonable person

A

standard of care

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12
Q

a crime that is considered less serious and carries a lighter penalty

A

summary offence

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13
Q

a court order requiring the witness to appear in court on a certain date to give evidence

A

subpoena

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14
Q

the right to hold or dispose of another persons property in payment for a dept

A

lien

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15
Q

the parties involved in a civil action

A

litigations

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16
Q

a deliberate intention to commit a wrongful act, with reckless disregard for the consequences

A

mens rea

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17
Q

the first stage of a criminal trial in which the defendant enters a plea to the charge

A

arraignment

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18
Q

defamation in a permanent form, such as written or recorded statements

A

libel

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19
Q

the crime of encouraging the perpetrator to commit an offence

A

abetting

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20
Q

legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody

A

arrest

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21
Q

a defence raised by the accused claiming that he or she was somewhere else when the offence was committed

A

alibi

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22
Q

a criminal offence that involves helping a perpetrator commit a crime

A

aiding

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23
Q

“the guilty act”- the voluntary action, omission, or state of being that is forbidden by the Criminal code

A

actus reus

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24
Q

an application to a higher court to review the decision made by a lower court

A

appeal

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25
Q

the honest belief that a person owns or has permission to use an item

A

colour of right

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26
Q

any drug listed in Schedules 1 to V of the controlled drugs and substances act

A

controlled drug

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27
Q

A brothel; an establishment of ill repute - within which occur acts of prostitution or lewd sex.

A

common bawdy house

28
Q

the witnessed, written record of the people who maintained unbroken control over an item of evidence

A

chain of custody

29
Q

the general attributes of an object

A

class characteristics

30
Q

indirect evidence that leads to a reasonable interference of the defendant’s guilt

A

circumstantial evidence

31
Q

a crime that involves advising, recommending, or persuading another person to commit a criminal offence

A

counselling

32
Q

an agreement between two or more people to carry out on illegal act, even if that act does not actually occur

A

conspiracy

33
Q

the judges explanation to the jurors of how the law applies to the case before them

A

charge to the jury

34
Q

negligent actions by the plaintiff that hiked cause the plaintiff’s injuries

A

contributory negligence

35
Q

the obligation to foresee and avoid carless actions that might cause harm to others

A

duty of care

36
Q

testimony given by a witness to prove an alleged fact

A

direct evidence

37
Q

legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint

A

detention

38
Q

in criminal law, the defence that the accused was forced by the threat of violence to commit a criminal act against his or her will; in contract law, the use of unlawful threats or pressure to force someone to enter into a contract

A

duress

39
Q

in a general sense, to include or incorporate one thing into another. In a constitutional sense, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the constitution

A

entrench

40
Q

the desire to commit a wrongful act, with no ulterior motive or purpose

A

general intent

41
Q

an offence that the crown can try either as a summary or indictable offence

A

hybrid offence

42
Q

evidence given by a witness based on information received from someone else rather than personal knowledge

A

hearsay evidence

43
Q

an unforeseeable event that interrupts the chain of events started by the defendant

A

intervening act

44
Q

the specific and unique features of an object

A

individual characteristsics

45
Q

patterns or marks found on surfaces and caused by various objects

A

impressions

46
Q

a more serious crime that carries a heavier penalty

A

indictable offence

47
Q

the condition of being overpowered by alcohol or drugs to the point of losing self-control

A

intoxication

48
Q

a court order requiring or prohibiting an action

A

injunction

49
Q

the state of having knowledge of and control over something

A

possession

50
Q

providing false information that causes the police to start ir continue an investigation without cause

A

public mischief

51
Q

monetary compensation for losses that can be calculated

A

pecuniary damages

52
Q

the areas surrounding the centre of a crime scene, where the offender may have been present or may have left evidence

A

perimeter

53
Q

a judicial inquiry to determine whether there is sufficient evidence to put an accused person on trial

A

preliminary hearing

54
Q

release of an inmate, on a promise of good behaviour, into the community before the full sentence is served

A

parole

55
Q

a sentence that allows a person to live in the community under the supervision of a probation officer

A

probation

56
Q

knowingly making false statements in court while giving evidence under oath or affirmation

A

perjury

57
Q

a guarantee that the accused will appear in court when required, under penalty of a fine of up to $500

A

recognizance

58
Q

the person who actually commits the crime

A

perpetrator

59
Q

harm caused to a person or property for which the law provides a civil remedy

A

tort

60
Q

a mini-trial in which jurors are excluded while the admissibility of evidence is discussed

A

voir dire

61
Q

beyond the power of government to pass laws

A

voir vires

62
Q

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

A

precedent

63
Q

it legally allows the government to limit an individual’s Charter rights

A

reasonable limits

64
Q

release (someone) from the custody or restraint of the law.

A

discharge

65
Q

a criminal offence that involves selling, giving, transporting, or disrupting a controlled substance or an authorization for a controlled substance

A

trafficking

Law (7 decks)

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