Matching Flashcards
Adversarial system
A legal system where two advocates represent their parties before an impartial judge or jury.
Common law
a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
Habeus corpus
the requirement that an arrested person be brought before a judge or court before being detained or imprisoned.
Precedent
an earlier event or action that is regarded as an example or guide to be considered in similar circumstances.
Motive
a reason for doing something, especially one that is hidden or not obvious.
General intent
General intent refers to your state of mind at the time the crime was committed, the intent to commit the crime
Specific intent
Committing one wrongful act for the sake of another
Possession
The state of having knowledge or control over something
Trafficking
A criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance
Mischief
The interference with property
Public mischief
The intent to mislead police in an investigation
Colour of right
The honest belief that a person owns or has permission to use an item
Controlled drug
A controlled substance is any type of drug that the federal government has categorized as having a higher-than-average potential for abuse or addiction
Common bawdy house
A brothel
Notwithstanding clause
commonly known as the notwithstanding clause, or as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.
Interveners
When an individual, group or body is given permission to intervene in a case, they usually submit a written argument and are also given permission to make a brief oral submission to members of the court.
Reasonable limits
Limitations the government can put on our rights
Entrenched
To protect and guarantee a right or freedom by ensuring it can only be changed by an amendment to the charter
Ultra vires
Beyond the power of government to pass laws
Chain of custody
The witnessed, written record of the people who maintained unbroken control over an item of evidence
Perimeter
The area surrounding the centre of a crime scene, where the offender may have been present or left evidence
Class characteristics
The general attributes of an object
Individual characteristics
The specific and unique features of an object
Impressions
Patterns or marks found on surfaces and caused by various objects
Preliminary hearing
A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial
Parole
Release of an inmate on a promise if good behaviour into the community before the full sentence is served
Probation
A sentence that allows a person to live in the community under the supervision of a parole officer
Arraignment
The first stage of a criminal trial in which the defendant enters a plea to the charge
Discharge
To be released from legal confinement
Summary offence
A crime that is considered less serious and carries a lighter penalty
Hybrid offence
An offence that the crown can try either as a summary or indictable offence
Indictable
A serious offence that carries a heavy punishment
Men’s rea
A deliberate intention to commit a wrongful act, with reckless disregard for the consequences
Actus reus
“The guilty act” the voluntary act, omission or state of being that is forbidden by the criminal code
Circumstantial evidence
Indirect evidence that leads to a reasonable interference of the defendants guilt
Hearsay evidence
Evidence given by a witness based on information received from someone else rather than personal knowledge
Direct evidence
Testimony given by a witness to prove an alleged fact
Detention
Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint
Arrest
Legally depriving someone of liberty by seizing or touching the person to indicate they are in custody
Surety
A person who agrees to make a payment if the accused doesn’t appear in trial
Recognizance
A guarantee that the accused will appear in court when required under a penalty of a fine up to $500
Duress
In criminal law the defence that the accused was forced by the threat of violence to commit a criminal act against their will
Alibi
A defence raised by the accused claiming that they were somewhere else when the offence was committed
Intoxication
The condition of being overpowered by alcohol or drugs to the point of losing self control
Perpetrator
The person who actually commits the crime
Counselling
A crime that involves advising, recommending or persuading another person to commit a crime
Conspiracy
An agreement between two or more people to carry out an illegal act
Aiding
A criminal offence that involves helping a perpetrator commit a crime
Abetting
The crime of encouraging a perpetrator to commit a crime
Appeal
An application to a higher court to review the decision made by a lower court
Perjury
Knowingly making false statements in court while giving evidence under oath or affirmation
Subpoena
A court order requiring the witness to appear in court on a certain date to give evidence
Voir dire
A mini trial in which jurors are excluded while the admissibility of evidence is discussed
Charade to the jury
The judge’s explanation to the jurors of how the law applies to the case before them
Contributory negligence
Negligent actions by the plaintiff that helped cause the plaintiffs injuries
Litigants
The parties involved in a civil action
Lien
The right to hold or dispose of another persons property in payment for a debt
Injunction
A court order requiring or prohibiting an action
Tort
Harm caused to another person or property for which the law provides a civil remedy
Stare decisis
To stand by the decision
