Definitions

Question 1

What is law?

Answer 1

systems of rules which a particular country or community recognises as regulating actions of its members and which it may enforce by the imposition of penalties.

Question 2

Arrest

Answer 2

the detaining of a person

Question 3

Crime

Answer 3

An offence against society or the state, considered unacceptable and deserving punishment

Question 4

common law

Answer 4

law based on british customs and traditions

Example: Magna Carta

Question 5

Reasonable person

Answer 5

an ordinary person of normal intelligence

Question 6

rule of precedent

Answer 6

applying previous decision to a case that has similar circumstance

Question 7

Justinian code

Answer 7

the clarification and organization of roman law commissioned by Byzantine Emperor Justainian I (527-565)

Question 8

Double jepardy

Answer 8

the prosecution of a person twice for the same offence

Question 9

writ

Answer 9

a form of written comman in the name of the court or other legal athority to act, or abstain from acting, in some way.

Question 10

Magna Carta

Answer 10

A royal charger of rights agreed to by King John of england in June 1215

Question 11

Precedence

Answer 11

condition of being considered more importanted than someone or something else, priotiry in importance, order, or rank.

Question 12

statute of westminister

Answer 12

an amendment to the BNA Act that extended Canadas law making powers

Question 13

Mosaic Law

Answer 13

Biblical pr hebrew law found in the old testament

Question 14

Democratic rights

Answer 14

the right to vote, to campaign, and to seek elected office.

Question 15

Constitution

Answer 15

formal document setting legal structure of a nation based on political foundation

Question 16

BNA

Answer 16

passed in 1867, forms a major part of Canadas constitution, didnt make canada fully independent

Question 17

fundemental freedoms

Answer 17

allow individuals and groups to express themselves, to believe and pracitce what they chose, and express the right to vote.

Question 18

mobility rights

Answer 18

rights designed to ensure individuals can move around the country and earn a livelihood wherever they may choose.

Question 19

Legal Rights

Answer 19

the collection of the capacities, powers, liberties, and privileges by which a claim is secured.

Question 20

hearsay evidence

Answer 20

testimony based on what a witness was heard from another person, rather than on direct personal knowledge or experience

Question 21

Indictable Offence

Answer 21

specific kinds of offences that can only be tried in front of a federal court. Indictable offences are the most serious offences under the Criminal Code, they include theft over $5,000, aggravated sexual assault and murder.

Question 22

Canadian Human Rights Act

Answer 22

The Act forbids the following discriminatory practices if they are based on one of the grounds of discrimination: Denying someone goods, services, facilities, or accommodation, a real life example is Refusing to employ or continue to employ someone or treating them unfairly in the workplace.

Question 23

Hybrid Offence

Answer 23

an offence where the prosecutor can choose, based on factors such as the seriousness of the accused’s actions and the harm caused, to proceed with the offence as either a summary conviction offence or as an indictable offence.

Question 24

Charge to the Jury

Answer 24

the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors

Question 25

Summary of a Case

Answer 25

an overview of a judge's legal opinion of a certain case

Question 26

Writ of Habeas Corpus

Answer 26

means 'to have the body of'. It is an order issued by the court to a person who has detained another person, to show good cause for their detention.

Question 27

Mistakes of Law

Answer 27

a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court.

Question 28

Voir Dire

Answer 28

a preliminary examination of a witness or a juror by a judge or counsel.

Question 29

Warrant

Answer 29

a document issued by a legal or government official authorising the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

Question 30

Duty of Care

Answer 30

the obligation to foresee and avoid careless actions that might cause harm to others

Question 31

Provincial Court

Answer 31

The court that takes in less serious cases such as bail hearings or family disputes

Question 32

Intentional Tort

Answer 32

actions intended to cause injury to others

Question 33

Standard of Care

Answer 33

the degree of caution or level of conduct expected of a reasonable person

Question 34

Open Custody

Answer 34

less secure facilities for nonviolent offenders

Question 35

Secure Custody

Answer 35

Secure custody refers to facilities designated for secure restraint

Question 36

Next Friend

Answer 36

an agent of the court whose role is to protect the rights of the incompetent person.

Question 37

Guardian ad litem

Answer 37

a neutral person the court appoints to investigate what solutions would be in the “best interests of a child.”

Question 38

Aggravating Circumstances

Answer 38

the factors that increase the severity or culpability of a criminal act.

Question 39

Unintentional Tort

Answer 39

injuries caused by an accident or an action that was not intended to cause harm

Question 40

Foreseeability

Answer 40

the ability of a reasonable person to anticipate the consequence of an action

Question 41

1960 Canadian Bill of Rights

Answer 41

purported to empower judges to veto legislation that violated fundamental freedoms such as free speech or due process

Question 42

Compulsion

Answer 42

the action or state of forcing or being forced to do something; constraint

Question 43

Neighbour Principle

Answer 43

one must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one's neighbour

Question 44

Mitigating Circumstances

Answer 44

a factor that lessens the severity of an act or the actor's culpability for the action.