Law Final: Vocab

Question 1

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

Answer 1

Adversarial System

Question 2

Law that developed in English courts; relies on case law; common to all people

Answer 2

Common Law

Question 3

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

Answer 3

Habeus Corpus

Question 4

A Latin phrase that means to “stand by the decision”

Answer 4

Stare Decisis

Question 5

Applying a previous decision to a case that has similar circumstances

Answer 5

Precedent

Question 6

Why someone commits a crime

Answer 6

Motive

Question 7

Desire to commit a wrongful act, without an alterior motive

Answer 7

General intent

Question 8

The intent to commit a wrongful act for the sake of accomplishing another

Answer 8

Specific intent

Question 9

State of having knowledge and control over something

Answer 9

Possesion

Question 10

Selling, giving, or transporting drugs

Answer 10

Trafficking

Question 11

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

Answer 11

Chain of Custody

Question 12

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

Answer 12

Perimeter

Question 13

The general attributes of an object

Answer 13

Class Characteristics

Question 14

The specific and unique features of an object

Answer 14

Individual Characteristics

Question 15

Patterns or marks found on surfaces and caused by various objects

Answer 15

Impressions

Question 16

Indirect evidence that leads to a reasonable inference of the defendants guilt

Answer 16

Circumstantial Evidence

Question 17

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 damage

Answer 17

Mischief

Question 18

Providing false information causing police to start or continue an investigation without cause

Answer 18

Public Mischief

Question 19

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

Answer 19

Colour of Right

Question 20

Any drug listed in schedules 1 to 5 of the Controlled Drugs and Substances Act

Answer 20

Controlled drug

Question 21

Disorderly house or brothel

Answer 21

Common Bawdy House

Question 22

S.33 of the Canadian Charter of rights and freedoms, which allows provincial governments to pass legislation exempt from S.2 and SS.7 to 15 of the Charter

Answer 22

Notwithstanding Clause

Question 23

A party in litigation that does not have a direct interest in the lawsuit. Has a clearly determinable interest in the outcome of the action

Answer 23

Interveners

Question 24

The section of the charter that can be used to justify a limitation on a person’s Charter Rights

Answer 24

Reasonable limit

Question 25

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

Answer 25

Entrenched

Question 26

Beyond the power of government to pass laws

Answer 26

Ultra Vires

Question 27

A judicial inquiry to determine whether there is sufficient evidence to put the accused on trial

Answer 27

Preliminary Hearing

Question 28

The scheduled appearance where the accused pleads guilty or not guilty

Answer 28

Arraignment

Question 29

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

Answer 29

Parole

Question 30

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

Answer 30

Probation

Question 31

Judge finds you guilty and discharges you instead of convicting

Answer 31

Discharge

Question 32

Less serious criminal offence

Answer 32

Summary offences

Question 33

Serious offence

Answer 33

Indictable offence

Question 34

An offence that can be tried as summary or indictable

Answer 34

A Hybrid Offence

Question 35

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

Answer 35

Mens rea

Question 36

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

Answer 36

Actus Reus

Question 37

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

Answer 37

Hearsay evidence

Question 38

Testimony given by a witness to prove an alleged fact

Answer 38

Direct evidence

Question 39

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

Answer 39

Detention

Question 40

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

Answer 40

Arrest

Question 41

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

Answer 41

Surety

Question 42

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

Answer 42

Recognizance

Question 43

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

Answer 43

Duress

Question 44

A defence raised by the accused claiming that he or she was somewhere else when the offence was commited

Answer 44

Alibi

Question 45

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

Answer 45

Intoxication

Question 46

The person who actually commits the crime

Answer 46

Perpetrator

Question 47

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

Answer 47

Counselling

Question 48

An agreement between 2 or more people to carry out an illegal act, even if the act does not occur

Answer 48

Conspiracy

Question 49

A criminal offence that involves helping a perpetrator to commit a crime

Answer 49

Aiding

Question 50

The crime of encouraging the perpetrator to commit a crime

Answer 50

Abetting

Question 51

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

Answer 51

Appeal

Question 52

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

Answer 52

Perjury

Question 53

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

Answer 53

Subpoena

Question 54

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

Answer 54

Voir dire

Question 55

The Judge’s explanation to the jurors of how the law applies to the case in front of them

Answer 55

Charge to the Judge

Question 56

The parties involved in a civil action

Answer 56

Litigants

Question 57

Negligent actions by the plaintiff that helped cause the plaintiff injuries

Answer 57

Contributory negligence

Question 58

A court order requiring or prohibiting an action

Answer 58

Injunction

Question 59

The right to hold or dispose of another person’s property in payment for a debt

Answer 59

Lien

Question 60

Harm caused by another person or property for which the law provides a remedy

Answer 60

Tort