Law Final: Vocab Flashcards
The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Adversarial System
Law that developed in English courts; relies on case law; common to all people
Common Law
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before court within a reasonable amount of time
Habeus Corpus
A Latin phrase that means to “stand by the decision”
Stare Decisis
Applying a previous decision to a case that has similar circumstances
Precedent
Why someone commits a crime
Motive
Desire to commit a wrongful act, without an alterior motive
General intent
The intent to commit a wrongful act for the sake of accomplishing another
Specific intent
State of having knowledge and control over something
Possesion
Selling, giving, or transporting drugs
Trafficking
The witnessed, written record of the people who maintained unbroken control over an item of evidence
Chain of Custody
The area surrounding the centre of a crime scene, where the offender may have been present or left evidence
Perimeter
The general attributes of an object
Class Characteristics
The specific and unique features of an object
Individual Characteristics
Patterns or marks found on surfaces and caused by various objects
Impressions
Indirect evidence that leads to a reasonable inference of the defendants guilt
Circumstantial Evidence
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
Mischief
Providing false information causing police to start or continue an investigation without cause
Public Mischief
The honest belief that a person owns or has permission to use an item
Colour of Right
Any drug listed in schedules 1 to 5 of the Controlled Drugs and Substances Act
Controlled drug
Disorderly house or brothel
Common Bawdy House
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
Notwithstanding Clause
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
Interveners
The section of the charter that can be used to justify a limitation on a person’s Charter Rights
Reasonable limit
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
Entrenched
Beyond the power of government to pass laws
Ultra Vires
A judicial inquiry to determine whether there is sufficient evidence to put the accused on trial
Preliminary Hearing
The scheduled appearance where the accused pleads guilty or not guilty
Arraignment
Release of an inmate, on a promise of good behaviour, into the community before the full sentence is served
Parole
A sentence that allows a person to live in the community under the supervision of a parole officer
Probation
Judge finds you guilty and discharges you instead of convicting
Discharge
Less serious criminal offence
Summary offences
Serious offence
Indictable offence
An offence that can be tried as summary or indictable
A Hybrid Offence
A deliberate intention to commit a wrongful act, with reckless disregard for the consequences
Mens rea
“The guilty act”- the voluntary action, omission, or state of being that is forbidden by the criminal code
Actus Reus
Evidence given by a witness based on information received from someone else rather than personal knowledge
Hearsay evidence
Testimony given by a witness to prove an alleged fact
Direct evidence
Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint
Detention
Legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody
Arrest
A person who agrees to make a payment if the accused does not appear at trial
Surety
A guarantee that the accused will appear in court when required, under penalty of fine up to $500
Recognizance
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
Duress
A defence raised by the accused claiming that he or she was somewhere else when the offence was commited
Alibi
The condition of being overpowered by alcohol or drugs to the point of losing self control
Intoxication
The person who actually commits the crime
Perpetrator
A crime that involves advising, recommending, or persuading another person to commit a criminal offence
Counselling
An agreement between 2 or more people to carry out an illegal act, even if the act does not occur
Conspiracy
A criminal offence that involves helping a perpetrator to commit a crime
Aiding
The crime of encouraging the perpetrator to commit a crime
Abetting
An application to a higher court to review the decision made by a lower court
Appeal
Knowingly making false statements in court while giving evidence under oath or affirmation
Perjury
A court order requiring the witness to appear in court on a certain date to give evidence
Subpoena
A mini-trial in which jurors are excluded while the admissibility of evidence is discussed
Voir dire
The Judge’s explanation to the jurors of how the law applies to the case in front of them
Charge to the Judge
The parties involved in a civil action
Litigants
Negligent actions by the plaintiff that helped cause the plaintiff injuries
Contributory negligence
A court order requiring or prohibiting an action
Injunction
The right to hold or dispose of another person’s property in payment for a debt
Lien
Harm caused by another person or property for which the law provides a remedy
Tort
