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Law Final > Matching > Flashcards

Matching Flashcards

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1
Q

Adversarial system

A

A legal system where two advocates represent their parties before an impartial judge or jury.

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2
Q

Common law

A

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.

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3
Q

Habeus corpus

A

the requirement that an arrested person be brought before a judge or court before being detained or imprisoned.

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4
Q

Precedent

A

an earlier event or action that is regarded as an example or guide to be considered in similar circumstances.

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5
Q

Motive

A

a reason for doing something, especially one that is hidden or not obvious.

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6
Q

General intent

A

General intent refers to your state of mind at the time the crime was committed, the intent to commit the crime

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7
Q

Specific intent

A

Committing one wrongful act for the sake of another

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8
Q

Possession

A

The state of having knowledge or control over something

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9
Q

Trafficking

A

A criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance

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10
Q

Mischief

A

The interference with property

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11
Q

Public mischief

A

The intent to mislead police in an investigation

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12
Q

Colour of right

A

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

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13
Q

Controlled drug

A

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

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14
Q

Common bawdy house

A

A brothel

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15
Q

Notwithstanding clause

A

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.

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16
Q

Interveners

A

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.

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17
Q

Reasonable limits

A

Limitations the government can put on our rights

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18
Q

Entrenched

A

To protect and guarantee a right or freedom by ensuring it can only be changed by an amendment to the charter

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19
Q

Ultra vires

A

Beyond the power of government to pass laws

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20
Q

Chain of custody

A

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

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21
Q

Perimeter

A

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

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22
Q

Class characteristics

A

The general attributes of an object

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23
Q

Individual characteristics

A

The specific and unique features of an object

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24
Q

Impressions

A

Patterns or marks found on surfaces and caused by various objects

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25
Q

Preliminary hearing

A

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

26
Q

Parole

A

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

27
Q

Probation

A

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

28
Q

Arraignment

A

The first stage of a criminal trial in which the defendant enters a plea to the charge

29
Q

Discharge

A

To be released from legal confinement

30
Q

Summary offence

A

A crime that is considered less serious and carries a lighter penalty

31
Q

Hybrid offence

A

An offence that the crown can try either as a summary or indictable offence

32
Q

Indictable

A

A serious offence that carries a heavy punishment

33
Q

Men’s rea

A

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

34
Q

Actus reus

A

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

35
Q

Circumstantial evidence

A

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

36
Q

Hearsay evidence

A

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

37
Q

Direct evidence

A

Testimony given by a witness to prove an alleged fact

38
Q

Detention

A

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

39
Q

Arrest

A

Legally depriving someone of liberty by seizing or touching the person to indicate they are in custody

40
Q

Surety

A

A person who agrees to make a payment if the accused doesn’t appear in trial

41
Q

Recognizance

A

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

42
Q

Duress

A

In criminal law the defence that the accused was forced by the threat of violence to commit a criminal act against their will

43
Q

Alibi

A

A defence raised by the accused claiming that they were somewhere else when the offence was committed

44
Q

Intoxication

A

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

45
Q

Perpetrator

A

The person who actually commits the crime

46
Q

Counselling

A

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

47
Q

Conspiracy

A

An agreement between two or more people to carry out an illegal act

48
Q

Aiding

A

A criminal offence that involves helping a perpetrator commit a crime

49
Q

Abetting

A

The crime of encouraging a perpetrator to commit a crime

50
Q

Appeal

A

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

51
Q

Perjury

A

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

52
Q

Subpoena

A

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

53
Q

Voir dire

A

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

54
Q

Charade to the jury

A

The judge’s explanation to the jurors of how the law applies to the case before them

55
Q

Contributory negligence

A

Negligent actions by the plaintiff that helped cause the plaintiffs injuries

56
Q

Litigants

A

The parties involved in a civil action

57
Q

Lien

A

The right to hold or dispose of another persons property in payment for a debt

58
Q

Injunction

A

A court order requiring or prohibiting an action

59
Q

Tort

A

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

60
Q

Stare decisis

A

To stand by the decision

Law Final (2 decks)

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