Unit 4 Flashcards
objective and equally open to all sides of a dispute, argument, or confrontation
Impartial
the freedoms defined in section 7 of the Canadian Charter of Rights and Freedoms as the basic human right to life, liberty, and personal security
Fundamental Freedoms
the most good for the greatest number, while treating all involved as the greater or collective good
Common Good
the fundamental legal principle that all are equal under the law and that no one, regardless of power and influence, is above the law of the land
Rule of Law
the branch of Canadian law that deals with serious and harmful conduct seen as a threat to society, examples seen as criminal offences include murder, theft, and assault
Criminal Law
the legal document that outlines all actions considered crimes across Canada and prescribes minimum and maximum punishments for each offence.
Criminal Code of Canada
also known as private law, the branch of Canadian law that is used to settle disputes between individuals and groups
Civil Law
a term used to describe the nature of our criminal and civil law systems, in which opposing sides present their best arguments in order for truth and justice to prevail
Adversial
the term used to describe the defendant in a criminal trial
Accused
the accused person (or group) in a lawsuit
Defendant
a lawyer who represents the accused person in court and fight for their legal rights.
Defence Attorney
the lawyer appointed by the government to prove the guilt of the accused during a court trial
Crown Attorney
the standard of proof required for a criminal convinction. after taking into account all of the evidence presented, if enough doubt exists that s reasonable person can still question whether the accused must be found guilty
Reasonable Doubt
the judge’s or jurie’s decision after considering all of the evidence presented in a trial or lawsuit, is also called the verdict
Judgement
a representative or group of citizens changed with the responsibility of making a judgement in a criminal or civil trial
Jury
the legal procedure followed in civil law, similar to a trial in criminal law
Lawsuit
the accuser in a civil lawsuit
Plantiff
a process intended as an alternative to the adversial court procedure
Alternative Dispute Resolution
a traditional process that seeks healing
Aboriginal Sentencing Circles
a statement prepared by a direct and innocent victim of a criminal act, to be read in court after a conviction and to help inform the judge on an appropriate sentence/punishment for the offender
Victim Statements
the quality of fairness and importality; being respectful of individual differnce
Equity
the sentence to death of convicted murderers
Capital Punishment
was created in response to concerns about a lack of alternatives to courts and imprisonment for less serious cases, unfairness in sentencing, inadequate cases, unfairness in sentencing, inadequate rehabilitation for young people released from custody, and the need to better consider the interests of victims
Youth Justice
an argument used as a defence in criminal cases, which acknowledges that a violent action taken to protect one’s self
Self Defence
a type of law that originated in Medieval England where judges travelled to different communities to apply the king’s laws consistently from village to village
Common Law
public institutions that review complaints in specific cases outside the regular courts to see if a resolution can be found before sending the dispute to a tribunal for a more formal hearing and determination
Commissions
a ruling on judgement made by one judge that breaks new legal ground and sets a legal standard that must be followed in identical cases, and carefully considered in similar cases
Precedent
public institutions that hear specific cases outside the regular courts to address disputes dealing with human rights, labour relations, and privacy
Tribunals
the person who presides over a criminal or civil trial
Judge
a legal term, defined in the Canadian Charter of Rights and Freedoms, that describes the inherent fairness, equity, and ethical practices of the justice system
Fundamental Justice