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Law > Law Final: Vocab > Flashcards

Law Final: Vocab Flashcards

1
Q

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

A

Adversarial System

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2
Q

Law that developed in English courts; relies on case law; common to all people

A

Common Law

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3
Q

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

A

Habeus Corpus

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4
Q

A Latin phrase that means to “stand by the decision”

A

Stare Decisis

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5
Q

Applying a previous decision to a case that has similar circumstances

A

Precedent

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6
Q

Why someone commits a crime

A

Motive

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7
Q

Desire to commit a wrongful act, without an alterior motive

A

General intent

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8
Q

The intent to commit a wrongful act for the sake of accomplishing another

A

Specific intent

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9
Q

State of having knowledge and control over something

A

Possesion

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10
Q

Selling, giving, or transporting drugs

A

Trafficking

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11
Q

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

A

Chain of Custody

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12
Q

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

A

Perimeter

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13
Q

The general attributes of an object

A

Class Characteristics

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14
Q

The specific and unique features of an object

A

Individual Characteristics

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15
Q

Patterns or marks found on surfaces and caused by various objects

A

Impressions

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16
Q

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

A

Circumstantial Evidence

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17
Q

Willfully destroying or damaging property or data, interfering with the lawful use of property or data, or interfering with any person in the lawful use of property or damage

A

Mischief

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18
Q

Providing false information causing police to start or continue an investigation without cause

A

Public Mischief

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19
Q

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

A

Colour of Right

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20
Q

Any drug listed in schedules 1 to 5 of the Controlled Drugs and Substances Act

A

Controlled drug

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21
Q

Disorderly house or brothel

A

Common Bawdy House

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22
Q

S.33 of the Canadian Charter of rights and freedoms, which allows provincial governments to pass legislation exempt from S.2 and SS.7 to 15 of the Charter

A

Notwithstanding Clause

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23
Q

A party in litigation that does not have a direct interest in the lawsuit. Has a clearly determinable interest in the outcome of the action

A

Interveners

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24
Q

The section of the charter that can be used to justify a limitation on a person’s Charter Rights

A

Reasonable limit

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25
Q

To include or incorporate one thing into another. In a constitutional sense, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the constitution

A

Entrenched

26
Q

Beyond the power of government to pass laws

A

Ultra Vires

27
Q

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

A

Preliminary Hearing

28
Q

The scheduled appearance where the accused pleads guilty or not guilty

A

Arraignment

29
Q

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

A

Parole

30
Q

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

A

Probation

31
Q

Judge finds you guilty and discharges you instead of convicting

A

Discharge

32
Q

Less serious criminal offence

A

Summary offences

33
Q

Serious offence

A

Indictable offence

34
Q

An offence that can be tried as summary or indictable

A

A Hybrid Offence

35
Q

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

A

Mens rea

36
Q

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

A

Actus Reus

37
Q

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

A

Hearsay evidence

38
Q

Testimony given by a witness to prove an alleged fact

A

Direct evidence

39
Q

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

A

Detention

40
Q

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

A

Arrest

41
Q

A person who agrees to make a payment if the accused does not appear at trial

A

Surety

42
Q

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

A

Recognizance

43
Q

In criminal law, the defence that the accused was forced by the threat of violence to commit a criminal act against their will; in contract law, the use of unlawful threats or pressure to force someone into entering a contract

A

Duress

44
Q

A defence raised by the accused claiming that he or she was somewhere else when the offence was commited

A

Alibi

45
Q

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

A

Intoxication

46
Q

The person who actually commits the crime

A

Perpetrator

47
Q

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

A

Counselling

48
Q

An agreement between 2 or more people to carry out an illegal act, even if the act does not occur

A

Conspiracy

49
Q

A criminal offence that involves helping a perpetrator to commit a crime

A

Aiding

50
Q

The crime of encouraging the perpetrator to commit a crime

A

Abetting

51
Q

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

A

Appeal

52
Q

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

A

Perjury

53
Q

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

A

Subpoena

54
Q

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

A

Voir dire

55
Q

The Judge’s explanation to the jurors of how the law applies to the case in front of them

A

Charge to the Judge

56
Q

The parties involved in a civil action

A

Litigants

57
Q

Negligent actions by the plaintiff that helped cause the plaintiff injuries

A

Contributory negligence

58
Q

A court order requiring or prohibiting an action

A

Injunction

59
Q

The right to hold or dispose of another person’s property in payment for a debt

A

Lien

60
Q

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

A

Tort

Law (5 decks)

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