Law Glossary

Question 1

aboriginal title

Answer 1

a specific Aboriginal right referring to claims for land ownership

Question 2

absolute discharge

Answer 2

a sentencing option used by a judge whereby no conviction is recorded and no conditions are attached

Question 3

absolute liability

Answer 3

the concept that there is no defence, fault is not an issue, and the accused is convicted based on the guilty act

Question 4

abstract

Answer 4

a summary of the essential components of a larger case

Question 5

accommodation

Answer 5

the adaptation of an existing requirement or condition by an employer to enable an employee to carry out the essential aspects of a job (i.e., making a work environment accessible for people with disabilities).

Question 6

acquitted

Answer 6

released after being declared not guilty

Question 7

acts

Answer 7

formal agreements between two or more sovereign states

Question 8

actus reus

Answer 8

“guilty act” that refers to the physical aspects of the crime

Question 9

ad hoc tribunals

Answer 9

courts set up to deal with individual circumstances on an as-needed basis (i.e., the Nuremberg tribunal at the end of World War II).

Question 10

adjudication

Answer 10

a judicial decision; the act or process of arriving at a decision after considering the facts

Question 11

administrative law

Answer 11

the law that governs the governmental agencies empowered by the legislature to make decisions on certain matters

Question 12

adversarial trial system

Answer 12

the trial system, used in Canada, seeks the truth by having two opposing parties, represented by lawyers, argue a case in front of an impartial judge who weighs the evidence presented

Question 13

adverse-effect discrimination

Answer 13

a requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect towards an individual or group (i.e., a height requirement for police officers).

Question 14

adverse possession

Answer 14

a method of acquiring title to property or land if an occupant remains on land for a lengthy period of time with the knowledge of the owner but without his or her permission

Question 15

affirmative action programs

Answer 15

plans designed to remedy disadvantages faced by four designated groups of women, Aboriginal peoples, visible minorities, and people with disabilities.

Question 16

agency shop

Answer 16

a workplace in which a new employee is not required to join the union but still must pay union duties; also called the “Rand formula” (introduced by Judge Rand).

Question 17

aggravating factors

Answer 17

elements that increase an offender’s responsibility for his or her actions and are considered by the judge in posing a more severe sentence (i.e., evidence that the offender was motivated by ethnic prejudice).

Question 18

air embargo

Answer 18

the cancellation of all international flights into or out of a country

Question 19

ambassadors

Answer 19

heads of embassies in foreign countries, who are either career civil servants or political appointees

Question 20

anomie theory

Answer 20

a sociological hypothesis arguing that criminal behaviour is more likely to thrive in an anonymous urban setting than in a more traditional rural setting