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Law 12 > (Final Exam) - Definitions > Flashcards

(Final Exam) - Definitions Flashcards

(60 cards)

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1
Q

Adversarial system

A

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

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2
Q

Common law

A

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

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3
Q

Habeas Corpus

A

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

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4
Q

Stare Decisis

A

A Latin phrase meaning “to stand by the decision”

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5
Q

Precedent

A

Applying a previous decision to a case that has similar circumstances

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6
Q

Notwithstanding Claus

A

Power that allows the provinces to pass a law that may conflict with rights enshrined in the Canadian constitution

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7
Q

Interveners

A

Ability to join ongoing litigation, either as a matter of right or at the discretion of the court

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8
Q

Reasonable limitation

A

Section can be used to justify a limitation on a persons charter rights, Charter rights are not absolute

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9
Q

Entrenched

A

To protect the right or freedom by ensuring it can only be changed by the amendment or charter

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10
Q

Ultra Vires

A

Beyond the power of government to pass laws

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11
Q

Summary Offense

A

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

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12
Q

Hybrid offense

A

An offense that the crown can try either as an indictable or summary offense

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13
Q

Indictable offense

A

A more serious crime that carries a heavier penalty

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14
Q

Mens Rea

A

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

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15
Q

Actus Reus

A

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

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16
Q

Perpetrator

A

The person who actually commits the crime

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17
Q

Counseling

A

Advice given to another as to what he ought to do or not to do

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18
Q

Conspiracy

A

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

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19
Q

Abetting

A

The crime of encouraging the perpetrator to commit an offense

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20
Q

Aiding

A

A criminal offense that involves helping a perpetrator commit a crime

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21
Q

Motive

A

The reason one commits a crime

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22
Q

General Intent

A

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

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23
Q

Specific intent

A

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

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24
Q

Possession

A

The state of having knowledge of and control over something

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25
Trafficking
A criminal offense that involves selling, given, transporting, or distributing a controlled substance or an authorization for a controlled substance
26
Chain of Custody
The witnessed, written record of the people who maintained unbroken control over an item of evidence
27
Class Characteristics
The general attributes of an object
28
Individual Characteristics
Specific and unique features of an object
29
Impressions
Patterns or marks found on surfaces and caused by various objects
30
Detention
Legally depriving a person of liberty for the purpose of asking questions with or without physical retraint
31
Surety
A person who agrees to make a payment if the accused does not appear at trial
32
Hearsay Evidence
Evidence given by a witness based on information received from someone else rather than personal knowledge
33
Recognizance
A guarantee that the accused will appear in court when required, under penalty of a fine of up to $500
34
Arrest
Legally depriving one of liberty by seizing or touching the person to indicate that he or she is in custody
35
Appeal
An application to a higher court to review the decision made by a lower court
36
Perjury
Knowingly making false statements in court while giving evidence under oath or affirmation
37
Subpoena
A court order requiring the witness to appear in court on a certain date to give evidence
38
Alibi
A defense raised by the accused claiming that he or she was somewhere else when the offense was commited
39
Mischief
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 data
40
Public Mischief
Providing false information that causes the police to start or continue an investigation without cause
41
Perimeter
The area surrounding the center where the offender may have been present or may have left evidence
42
Circumstantial Evidence
Evidence that cant tell you directly about the fact that was intended to be proved
43
Direct Evidence
Evidence that links a person to a crime without need of interference (example: They were seen committing crime)
44
Voir Dire
Mini court that decides the admissibility of evidence
45
Charge to the Jury
The judge informs the jury of the terms and laws that the jury must apply when making a decision
46
Color of Right
The honest belief that a person owns or has permission to use an item
47
Controlled Drug
A drug that is tightly controlled by the government because is may be abused or cause addiction, (controlled part means how it is used, handled, and made)
48
Common Bawdy House
(Disorderly house) house set of rooms or place of any kind for the purpose of prostitution or practice of indecency, or for the use of by multiple people for such purposes/ a brothel
49
Preliminary Hearing
Proceeding after a criminal complaint has been filed by the prosecutor to determine whether there was enough evidence to require a trial
50
Arraignment
Formal reading of a criminal charging document in the presence of the defendant to inform them of the charges being laid against them
51
Parole
Early release of a prisoner who agrees to abide by certain conditions
52
Probation
The release of an offender from prison who is under supervision for good behavior in prison
53
Discharge
An accused person found guilty will be released from prison with no criminal record or criminal conviction
54
Duress
Constraint illegally exercised to force someone to perform an act
55
Intoxication
Condition of having physical or mental control being diminished by the effects or either alcohol or drugs
56
Litigants
Any party to a lawsuit
57
Contributory Negligence
Failure of an injured plaintiff to act prudently
58
Injunction
Judicial order that restraints a person from beginning or continuing an action threatening or invading the legal right of another
59
Lien
Right to keep possession of property belonging to another person until a debt owed by that person is discharged
60
Tort Law
Branch of law that holds a person(s) or private organization accountable for injury that is either accidental or purposeful

Law 12 (3 decks)

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