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Law > Final Exam Definitions > Flashcards

Final Exam Definitions 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, and is 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 a court within a reasonable amount of time

A

Habeas corpus

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4
Q

A Latin phrase meaning “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

Section 33 of the Canadian Charter of Right and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from section 2 (fundamental freedoms) and sections 7-15 (legal and equality rights) of the Charter

A

Notwithstanding clause

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7
Q

A third party permitted by a court to make arguments in a case

A

Interveners

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8
Q

An ability to be infringed upon if the courts determine that the infringement is reasonably justified (Charter rights are not absolute)

A

Reasonable limit

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9
Q

In a general sense, 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

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10
Q

Beyond the power of government to pass laws

A

Ultra vires

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11
Q

A crime that is considered less serious and carries a lighter penalty

A

Summary offence

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12
Q

An offence that the Crown can try either as a summary or indictable offence

A

Hybrid offence

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13
Q

A more serious crime that carries a heavier penalty

A

Indictable offence

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14
Q

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

A

Mens rea

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15
Q

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

A

Actus reus

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16
Q

The person who actually commits the crime

A

Perpetrator

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17
Q

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

A

Counselling

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18
Q

An agreement between two or more people to carry out an illegal act, even if that act does not actually occur

A

Conspiracy

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19
Q

A criminal offence that involves helping a perpetrator commit a crime

A

Aiding

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20
Q

The crime of encouraging the perpetrator to commit an offence

A

Abetting

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21
Q

The reason a person commits a crime

A

Motive

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22
Q

The desire to commit a wrongful act, with no ulterior motive or purpose

A

General intent

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23
Q

The desire to commit one wrongful act for the sake of accomplishing another

A

Specific intent

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24
Q

The state of having knowledge of and control over something

A

Possession

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25
Q

A criminal offence that involves selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance

A

Trafficking

26
Q

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

A

Chain of custody

27
Q

The areas surrounding the centre, where the offender may have been present or may have left evidence

A

Perimeter

28
Q

The general attributes of an object

A

Class characteristics

29
Q

The specific and unique features of an object

A

Individual characteristics

30
Q

Patterns or marks found on surfaces and caused by various objects

A

Impressions

31
Q

Indirect evidence that leads to a reasonable inference of the defendant’s guilt

A

Circumstantial evidence

32
Q

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

A

Hearsay evidence

33
Q

Testimony given by a witness to prove an alleged fact

A

Direct evidence

34
Q

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

A

Detention

35
Q

Legally depriving someone of liberty by seizing or touching the person to indicate that they are in custody

A

Arrest

36
Q

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

A

Appeal

37
Q

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

A

Perjury

38
Q

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

A

Subpoena

39
Q

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

A

Voir dire

40
Q

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

A

Charge to the jury

41
Q

Wilfully 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 data

A

Mischief

42
Q

Providing false information that causes the police to start or continue an investigation without case

A

Public mischief

43
Q

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

A

Colour of right

44
Q

Any drug listed in Schedules I to V of the Controlled Drugs and Substances Act

A

Controlled drug

45
Q

A place kept, occupied, or used by a person for the purpose of prostitution or the practice of indecent acts

A

Common bawdy house

46
Q

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

A

Preliminary hearing

47
Q

The first stage of a criminal trial in which the defendant enters a plea to the charge

A

Arraignment

48
Q

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

A

Parole

49
Q

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

A

Probation

50
Q

The releasing of a convicted offender, and with the agreement that their criminal record will be erased within a certain amount of time

A

Discharge

51
Q

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

A

Surety

52
Q

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

A

Recognizance

53
Q

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

A

Duress

54
Q

A defence raised by the accused claiming that they were somewhere else when the offence was committed

A

Alibi

55
Q

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

A

Intoxication

56
Q

The parties involved in a civil action

A

Litigants

57
Q

Negligent acts by the plaintiff that helped cause the plaintiff’s 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 to a person or property for which the law provides a civil remedy

A

Tort

Law (4 decks)

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