Law Terminology Flashcards
Due Process
The right to be treated within the principles of fundamental justice
Example:
You have the right to know why your are being arrested or detained
Canadian Charter Of Rights and Freedoms
The supreme law of Canada, which outlines our fundamental freedoms and basic rights
Burden of Proof
A duty to produce evidence to prove facts necessary to establish a cause of action of a defence
Example: The burden of proof is on the prosecutor to produce evidence to prove guilt beyond a reasonable doubt
“notwithstanding” clause
The clause allowing federal and provincial governments the ability to overdrive specific charter rights in certain situations
Example:
The notwithstanding clause was used to keep education workers from striking again and remain at work
Crime Control Model
Projects the public through the capture, prosecution and conviction of offenders
Deterrence
Discouraging the criminal behaviour or persons ( or society ) by exposing them to a susseful conviction
Example:
A driver is charged with a DUI and faces a $1,000 fine and up to 10 years in jail. This is posted on the news and deters others from following suit.
Precedent
- Is a judicial decision used as a standard in similar, subsequent cases
Example:
A judge is faced with a ruling to make that the superior court of Canada has previously ruled on, there ruling has set precedence in the matter and the verdict must follow suit
Stare decisis
Refers to precedent, a Latin phrase that means “to stand by what has been decided”
Criminal law
A form of public law referring to laws that prohibit certain acts
Example:
Drinking in driving
Constitutional law
A form of public law referring to laws that identify the peers and limitations of the government and how the powers are exercised
Administrative law
A form of public law that addresses the actions of government and government agencies
Civil law
Overreaching term for all areas of private law that regulate private individuals and groups in our society
Example:
Someone who slips and falls on a side walk may sue for compensation
Adversarial system
Two opposing parties present their case before an impartial arbiter
Example:
Each parent in a child custody case, represented by their respective lawyers, will present their case, providing evidence to support their positions.
Procedural law
Law that provides direction on how to proceed within the criminal justice system
Example:
Rules governing an investigation and the limitations on the actions you can take legally during
Substantive law
Law that defines actions that are prohibited
Example:
Murder, arson, theft, etc
