Legal Heritage Flashcards
Trial by combat
Religion plays a big part in capital crimes
The appealed and the defendant would have a dual to see who was correct
God would be on the side of the righteous partly meaning
defendant-innocent
Apeelaed- Proven rigth
Rule of Law
The principle that the government must follow the law that it makes, that no one is exempt from the law and that it applied equally to all, and that no action can be taken unless authorized by law or a legal principle
Trial by ordeal
Religion plays a big part in capital crime
A person must stick a limb into a boiling pot of oil, and over a period of time…
Healded- God was on your side
Inflected/Burned- God had found you guilty
Restorative Justice
The concept that an offender is required to restore or re-establish justice by recognizing and accepting responsibility for his or her actions and by returning the victim or the community, as much as possible, to the original state before the offence
Ex. healing circle, face-to-face talk between the victim and offender
Ratio decidendi
A Latin term meaning “reason for the decision: refers to that part of the judge’s decision that provides the legal reasoning for the judgment
Stare decisis
A Latin term meaning “to stand by what has been decided” refers to the principle of following legal rules established in previous court cases if the case is the same or similar
Dissent
The decision of the judge(s) did not agree with the majority opinion
Mens Rea
“Guilty Mind”
A person must be in the right “State of Mind”
Ignorance of the law is not an excuse
Intention
a person intends to commit the actus reus
Wilful blindness
a person who knows the possibility of danger but chooses not to ask questions
Criminal negligence
while a person did not realize they did anything wrong, they did wrong
Jurisprudence-
the Philosophical interpretation of the meaning and nature of law
This about Jurisprudence
What purpose of law and where it comes from
What is law
Associated with justice legitimacy, equality and morality
Law includes rightness or morality
Actus Reus
“Guity Act”
The Common sense a person needs to commit a crime
Something a person does/pans to do/omits to do
Statute
A law that is enacted by a government
Made by federal and province legislatures
Gives law making to democratical elected
Refers to a law or act passed by the government that overrides common law
(highway traffic Act, Criminal Code)
Subjective foreseeability
requires proof that the defendant has actually thought about the possible consequences of their acts before ‘doing’ them (and then still does them).
Common Law/Case Law
Decisions by Judges
The highest court will see a “precedent” when similar cases must follow
Case laws can be changed by new statute law, but both must defer to constitutional law
Objective foreseeability
(the normal civil negligence standard) is generally held to be satisfied if the trier of fact (judge or jury) finds that the defendant ‘knew or SHOULD have known of the possible consequences of their acts or omissions.
Domestic Law
Applies within the boundaries of a nation
Can be enforced by the government and interpreted by domestic court authority
In Canada, this process is carried out within the democratic process
International Law
An agreement between nations, often through the UN
Difficult for all countries to agree on laws
Even more difficult for laws to be enforced due to political factors
Substantive Law
Identifies the rights and duties of a person or level id government
Ex. highway traffic act to regulate impaired driving
