Final Exam Definitions

Question 1

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

Answer 1

Adversarial system

Question 2

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

Answer 2

Common law

Question 3

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

Answer 3

Habeas corpus

Question 4

A Latin phrase meaning “to stand by the decision”

Answer 4

Stare decisis

Question 5

Applying a previous decision to a case that has similar circumstances

Answer 5

Precedent

Question 6

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

Answer 6

Notwithstanding clause

Question 7

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

Answer 7

Interveners

Question 8

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

Answer 8

Reasonable limit

Question 9

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

Answer 9

Entrenched

Question 10

Beyond the power of government to pass laws

Answer 10

Ultra vires

Question 11

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

Answer 11

Summary offence

Question 12

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

Answer 12

Hybrid offence

Question 13

A more serious crime that carries a heavier penalty

Answer 13

Indictable offence

Question 14

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

Answer 14

Mens rea

Question 15

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

Answer 15

Actus reus

Question 16

The person who actually commits the crime

Answer 16

Perpetrator

Question 17

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

Answer 17

Counselling

Question 18

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

Answer 18

Conspiracy

Question 19

A criminal offence that involves helping a perpetrator commit a crime

Answer 19

Aiding

Question 20

The crime of encouraging the perpetrator to commit an offence

Answer 20

Abetting

Question 21

The reason a person commits a crime

Answer 21

Motive

Question 22

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

Answer 22

General intent

Question 23

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

Answer 23

Specific intent

Question 24

The state of having knowledge of and control over something

Answer 24

Possession

Question 25

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

Answer 25

Trafficking

Question 26

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

Answer 26

Chain of custody

Question 27

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

Answer 27

Perimeter

Question 28

The general attributes of an object

Answer 28

Class characteristics

Question 29

The specific and unique features of an object

Answer 29

Individual characteristics

Question 30

Patterns or marks found on surfaces and caused by various objects

Answer 30

Impressions

Question 31

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

Answer 31

Circumstantial evidence

Question 32

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

Answer 32

Hearsay evidence

Question 33

Testimony given by a witness to prove an alleged fact

Answer 33

Direct evidence

Question 34

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

Answer 34

Detention

Question 35

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

Answer 35

Arrest

Question 36

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

Answer 36

Appeal

Question 37

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

Answer 37

Perjury

Question 38

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

Answer 38

Subpoena

Question 39

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

Answer 39

Voir dire

Question 40

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

Answer 40

Charge to the jury

Question 41

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

Answer 41

Mischief

Question 42

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

Answer 42

Public mischief

Question 43

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

Answer 43

Colour of right

Question 44

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

Answer 44

Controlled drug

Question 45

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

Answer 45

Common bawdy house

Question 46

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

Answer 46

Preliminary hearing

Question 47

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

Answer 47

Arraignment

Question 48

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

Answer 48

Parole

Question 49

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

Answer 49

Probation

Question 50

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

Answer 50

Discharge

Question 51

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

Answer 51

Surety

Question 52

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

Answer 52

Recognizance

Question 53

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

Answer 53

Duress

Question 54

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

Answer 54

Alibi

Question 55

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

Answer 55

Intoxication

Question 56

The parties involved in a civil action

Answer 56

Litigants

Question 57

Negligent acts by the plaintiff that helped cause the plaintiff's injuries

Answer 57

Contributory negligence

Question 58

A court order requiring or prohibiting an action

Answer 58

Injunction

Question 59

The right to hold or dispose of another person's property in payment for a debt

Answer 59

Lien

Question 60

Harm caused to a person or property for which the law provides a civil remedy

Answer 60

Tort