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Flashcards in 2 Deck (35):
1

conciliation

the action of mediating between two disputing people or groups.

2

due diligence

reasonable steps taken by a person in order to satisfy a legal requirement, especially in buying or selling something.

3

regulatory laws

deals with procedures established by federal, state, and local administrative agencies, as opposed to laws created by the legislature (statutory laws) or by court decisions (case law).

4

unlawful assembly

Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. THREE OR MORE Ppl

5

summary offence

summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).

6

indictable offence

-serious crimes with sever punishments
-the criminal codes set the maximum penalty of each offence
-there is no statue of limitation

7

Intra vires

within the legal power or authority or a person or official or body etc

8

Ultra vires

beyond the legal power or authority of a person or official or body etc; "an ultra vires contract"

9

Break and enter

the crime of entering a building by force so as to commit burglary; breaking and entering.

10

Hybrid offences

A criminal offence for which the prosecutor has the option of charging as an offence punishable by summary conviction or as an indictable offence.

11

Actus Reus

"the guilty act" person who actually committed the wrongful deed

12

Mens Rea

“The Guilty Mind” The person
knew what they were doing was wrong or intentional, negligent, reckless, or wilfully blind

13

Intent

shows that someone
desired or planned to carry
out a wrongful act. Knows
what the results will be and is
reckless regarding the
consequences

14

General intent

desire
to commit a wrongful
act with no ulterior
motive

15

Specific intent

committing on wrongful act to accomplish another

16

Knowledge

proves that
a person was aware of a
wrongful act.

17

Motive

Is the reason for
committing a certain act.

Having a reason does not
establish guilt

18

Recklessness

Consciously taking an
unjustifiable risk

19

Aiding

helping the perpetrator commit a crime

20

Abetting

Encouraging a person to commit a crime

21

Accessory after the fact

Person knowingly helps the perpetrator after the crime by hiding them, helping with their spoils or assisting them to evade police

22

Crime

an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.

23

Criminal law

-Falls under the federal
government

-The Criminal Code is written and amended by the federal government.

24

Quasi criminal law

-Provinces can also in act laws in areas of their powers. -lawsuit or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a Common law or a Civil law jurisdiction.

25

Criminal negligence

-Every one is criminally
negligent
-Doing anything, or omitting to do anything that is their duty
-Shows a wonton disregard for the lives or safety of other persons

26

Wilful blindness

closing ones eyes to the
consequence of ones
actions.

27

liability

the state of being responsible for something, especially by law.

28

strict liability offence

Offence takes place but
person can argue they did
every thing they could to
prevent it.

29

absolute liability offence

There is no
defence, driving without a
licence and speeding
would be examples of
this.

30

perpetrator

Person who
actually commits the crime.

31

counselling

advising,
recommending or
persuading another to
commit a crime.

32

conspiracy

Agreement between two or more people to commit a crime
(must be serious intent)

33

attempt

act done with the
purpose of committing a
criminal offence

34

parties to an offence

Every one is a party to an offence who

(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.

35

parties to an common common interest

which two or more people when
committing a crime are
responsible for anything that
happens during their offence