Terms

Question 1

Law

Answer 1

A set of statutes and rules that individuals in a society are governed by or compelled to follow

Question 2

Crime

Answer 2

An offence against society or state that society considered unacceptable and deserving of punishment. Ex. Murder, Assault

Question 3

Reasonable person

Answer 3

an ordinary person of normal intelligence

Question 4

Justinian code

Answer 4

The clarification and organization of roman law commissioned by Justinian the 1st

Question 5

Writ

Answer 5

writ is a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed

Question 6

Mosaic Law

Answer 6

Biblical or hebrew law found in the book of exodus

Question 7

Common Law

Answer 7

Law that developed in English court, relies on case law and is common to all people.

Question 8

Magna Carta

Answer 8

A charter of political and civil rights signed in 1215, in Runnymede England

Question 9

Writ of Habeas Corpus:

Answer 9

A court order designed to prevent unlawful arrest by ensuring anyone detained is charged before a court within a reasonable amount of time.

Question 10

Constitution

Answer 10

Body of law dealing with distribution and exercising of government power

Question 11

Statue of Westminster

Answer 11

Legislation passed in Britain that extended Canada’s law making powers

Question 12

Arrest

Answer 12

Legally depriving someone of liberty, by seizing or touching the person to indicate that he/she is in custody

Question 13

Provincial Court

Answer 13

The lowest level of hierarchy of Canadian Courts

Question 14

Hearsay Evidence

Answer 14

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

Question 15

Voir Dire

Answer 15

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

Question 16

Indictable Offence:

Answer 16

A crime that is more serious than a summary conviction offence, and carries a heavier penalty

Question 17

Hybrid offence

Answer 17

A crime that the crown can try as either summary or indictable

Question 18

Intentional Tort

Answer 18

When someone intentionally injures a person or interferes with a person’s property, where damages were caused. Ex. Assault, Battery, Trespass

Question 19

Unintentional Tort:

Answer 19

Injuries caused by an accident or an action that was not meant/intended to cause harm.

Question 20

Mitigating Factors

Answer 20

Circumstances that decrease the security of a sentence, suggesting rehabilitation is likely if they do not pose a threat to society, and there is no need for a strong deterent.

Question 21

Aggravating Circumstances

Answer 21

Circumstances that increase the security of a sentence. It suggests that Rehabilitation is unlikely, and a strong deterrent is needed.

Question 22

Double Jeopardy

Answer 22

Prohibits anyone from being tired and punished for the same crime twice

Question 23

Mistakes of Law

Answer 23

Section 19 of the criminal code states that mistakes of law are not an excuse of commiting a criminal act. However, the mens rea is always taken into consideration when determaning if a crime has been committed.

Question 24

Rule of Precedent

Answer 24

Applying a previous decision to a case that has similar circumstances

Question 25

1960 Canadian Bill of Rights

Answer 25

In 1960 the canadian Bill of Rights was adopted, the bill had limitations because
1. It was a federal statute, only applied to federal jurisdictions
2. As a statue, it did not take precedence over other statues
3. It could be amended by a majority vote in the house of commons.
4. It had shortcomings, ex. Was not apart of the Canadian Constituion

Question 26

King Henri II

Answer 26

He would establish the formation of “Common law” This law would be applied to not just one class or kind of english man, but for all citizens

Question 27

British North America Act (BNA):

Answer 27

This act created 2 levels of government, Federal and provincial, and divided the powers of government between them. The provincial government was given powers to create municipal governments. Section 91 - 92 of the constitution divides the federal and provincial powers.

Question 28

Canadian Human Rights Act:

Answer 28

The Canadian Human Rights Act is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds.

Question 29

Rule of Precedents

Answer 29

When judges refer to earlier cases with similar circumstances when rendering a decision.

Question 30

Next Friend

Answer 30

an individual who appears in court in place of another who is not competent to do so, usually because they are a minor or are deemed incompetent.

Question 31

Duty of Care

Answer 31

The obligation to foresee and avoid actions that might cause harm to others

Question 32

Standard of Care

Answer 32

The degree of caution and level of conduct that is expected of a reasonable person

Question 33

Charge to the Jury

Answer 33

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

Question 34

Compulsion

Answer 34

A defence in which the accused person is forced by the threat of violence to commit a criminal act against his or her will

Question 35

Democratic rights

Answer 35

Although s. 3 states that “every citizen” has the right to vote in an election and run for office, there are restrictions. The right to vote is subject to reasonable restrictions such as age, mental capacity, residence, and registration. In ad-dition, certain groups are excluded from the right to vote. Members of the judiciary for example, do not have the right to vote, presumably to ensure their independence from government.

Question 36

Fundamental Freedoms

Answer 36

Fundamental freedoms are freedoms that citizens are entitled to under the charter of right and freedom. Example, freedom of conscience, freedom of thought and expression, and freedom of peaceful assembly and association.

Question 37

Open custody

Answer 37

A youth sentence directing a youth to stay in a group home or participate in a wilderness camp for a certain period; also, less secure provincial facilities for non-violent offenders.

Question 38

Secure Custody

Answer 38

A sentence that incarcerates a youth in a special youth facility

Question 39

Neighbour principle

Answer 39

The legal responsibility not to harm one’s neighbour through careless or negligent actions

Question 40

Foreseeability

Answer 40

The ability of a reasonable person to anticipate the consequences of an action

Question 41

Guardian ad litem

Answer 41

The person appointed to act on behalf of a minor or person under a disability who is being sued

Question 42

Mobility Rights

Answer 42

(1) Every citizen of Canada has the right to enter, remain in and leave Canada.
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right:
a. )to move to and take up residence in any province, and
b.)to pursue the gaining of a livelihood in any province.

Question 43

Legal Rights:

Answer 43

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Question 44

Summary of case

Answer 44

Testimony given by each counsel presents a summary of the case in the form of closing arguments.

Question 45

Warrent

Answer 45

a written court order, directing the arrest of a suspect (arrest warrant)