Terminology Test Flashcards
Tunnel Vision
Unconscious filtering; Participants in the system, such as police or prosecutors, to focus on a particular theory of a case and to dismiss or undervalue evidence which contradicts that theory
Precedent
Stare decisis; Judge made law - lower courts are to follow the authority (cases) of higher courts
Intra Vires
Functioning within legislative power
Stare Decisis
Ruling to be followed; A precedent or decision of one court binds a lower court
Inchoate Offence
An attempt to commit an offence; A preliminary crime.
Mens Rea
Guilty mind
Onus
Burden of Proof
Actus Reus
Guilty Act
Inducements
Inducing an accused to make a statement or admission; persuasion
Bench Warrant
Warrant for arrest issued by a judiciary for an accused to be arrested and brought to court
Plain View Doctrine
Allows an officer to seize evidence and contraband that are found in plain view during a lawful observation.
Information to obtain
A document filed by a police officer to a Judge seeking authorization to obtain a search warrant
Tertiary Grounds
Tertiary grounds refers to any other “just cause” being shown, where detention is necessary in order to maintain confidence in the administration of justice.
Habeas Corpus
A fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. if granted would compel a prison official to “produce the body” and justify authority for why a person is being detained.
Primary Grounds
Whether detention is necessary to ensure the accused’s attendance in court.
Surety
A person who comes to court and promises to supervise an accused person while they are out on bail. A surety also promises an amount of money to the court if the accused doesn’t follow one or more of the bail conditions or doesn’t show up to court when required.
Competence
The ability to advocate for a client and having knowledge or taking steps to gain the knowledge to defend a case; Suitability & fitness
Subpoena
A document that compels an individual to attend court to provide testimony relating to a court case; given under a threat or a penalty.
Compellability
A person being subject to testify in proceedings under legal compulsion.
Spousal Privilege
Protects communications privately disclosed between a husband and wife. Either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.
Viva Voce
Oral evidence.
“WIll Say” statement
A statement summarizing what a witness “will say” at a court hearing.
Charge Screening Form
A document that outlines the crowns position and election by way of how they will proceed w/ the charge(s).
Inculpatory
Incriminating evidence against the accused.
Exculpatory
Evidence that will support an exoneration of the charges against the accused.
Dismissal
A dismissal of the charges in any given matter ie and acquittal.
Remedy
Prevents redress or compensates a violation of a right.
Quash
Discharging or setting aside a remedy.
Joinder
Coupling of matters
Direct Intent
An accused seeks a particular outcome when committing a crime and proceeds to commit the crime to achieve the outcome.
Reverse Onus
The burden of proof is on the other party to disprove why an element should not be the case.
Derivative Evidence
Facts and evidence who’s existence is discovered through a statement of the police.
Territorial Privacy
Setting limits to your personal space.
Show Causing Hearing
A bail hearing where the accused must show cause as to why they should be released.
Undertaking
A document that promises to adhere to certain conditions; an assurance.
Duress
To make a decision or do an action based under pressure from another person; a threat of death or serious bodily injury.
Automatism
Mental condition defences that relate to the mental state of the accused. Automatism can be seen variously as lack of voluntariness, lack of culpability or excuse.
Autrefois
Formerly or at another time. An accused plea stating that he or she has already been tried for and convicted of the same offense.
Kienapple Principle
The rule against multiple convictions; Prevents multiple convictions for a single criminal act.
Rebuttal
A form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party.
De Minimis Non Curet Lex
A legal doctrine by which a court refuses to consider trifling matter
Agreed statement of facts
Agreed statement of facts is a statement of facts that has been agreed to by all parties in a lawsuit to be true. The agreed statement of facts is written and then submitted to the court.
Intermittent sentence
A jail sentence that the offender serves in ”chunks” of time, instead of all at once.
Reparations
The making of amends for a wrong one has done, by paying money to or otherwise helping those who have been wronged.
Suspended Sentence
Involves following conditions in a probation order for a period of one to three years.
Restitution
A court orders the defendant/accused to pay an amount to the victim or complainant.
Pre-sentence Report
A document that presents the findings an investigation into the “legal and social background” of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence.
Denunciation
The offender’s conduct should be punished for encroaching on our society’s basic code of values as enshrined within our substantive criminal law.
Quid Pro Quo
Exchange of goods or services; “You scratch my back and I’ll scratch yours.”
Concurrent Sentence
The offender’s sentences are merged, so they will serve more than one sentence at the same time.
Besetting
Conduct by someone that causes another person to feel hemmed in or a person to feel surrounded, for a person to feel attacked on all sides.
Conveyance
The action or process of transporting someone or something from one place to another.
Recidivism
The tendency of a convicted criminal to reoffend.
Color of Right
An accused’s permission to the usage or conversion of an asset in the possession of another.
Sentencing Circle
An alternative to a sentencing hearing. It is a community-based process where community members try to agree on an appropriate sentence that everyone is satisfied with. The sentencing circle includes the accused, an elder, judge, Crown, and lawyer.
Ultra Vires
Outside of legislative power; Acts beyond the scope of the powers and purposes provided to it by its statute.
Inherent Jurisdiction
A doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it.
Exigent Circumstances
Where there is imminent danger and immediate action is required to prevent the loss, removal, destruction or disappearance of evidence.
Diversion Program
Pretrial diversion program or pretrial intervention program as an option for upfront work to divert the accused of having a criminal record.
Gardiner Hearing
A hearing of oral evidence that is conducted at sentencing where there is a dispute between the parties as to the facts on a guilty plea.
