(IDC4U1) Lesson 3 Highlighted Terms

Question 1

Define:
Liability

Answer 1

Legal responsibility for a wrongful action

Question 2

Define:
Acquitted

Answer 2

Found not guilty of an offence (n. acquittal)

Question 3

Define:
Automatism

Answer 3

A condition in which a person acts without being aware of what he or she is doing (used as a defence in criminal actions)

Question 4

Define:
Crown attorney

Answer 4

The lawyer representing the government’s interests in prosecuting criminal offenders

Question 5

Define:
Recklessness

Answer 5

Consciously taking an unjustifiable risk that a reasonable person would not take (adv. reckless)

Question 6

Define:
Wilful blindness

Answer 6

A situation where an accused suspects a potential harmful or criminal result of his act or omission, but chooses to ignore the possible consequences

Question 7

Define:
General intent

Answer 7

The desire to commit a wrongful act for its own sake, with no ulterior motive or purpose

Question 8

Define:
Specific intent

Answer 8

The mental intent to commit a specific act prohibited by law, where the accused’s intent goes beyond the prohibited act itself to include another, criminal purpose

Question 9

Define:
Indictable offence

Answer 9

A serious crime that carries a heavier penalty than a summary conviction offence

Question 10

Define:
Colour of right

Answer 10

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

Question 11

Define:
Intent

Answer 11

A state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences

Question 12

Define:
Motive

Answer 12

The reason a person commits a crime

Question 13

Define:
Foreseeability

Answer 13

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

Question 14

Define:
Strict Liability

Answer 14

Culpability based on the commission of an actus reus and inability to prove the defence of due diligence

Question 15

Define:
Due Diligence

Answer 15

The defence that the accused took every reasonable precaution to avoid committing a particular offence

Question 16

Define:
Reasonable Person

Answer 16

An ordinary person of normal intelligence

Question 17

Define:
Absolute Liability

Answer 17

Culpability based on the commission of an actus reus without regard to the mens rea

Question 18

Define:
Summary Conviction

Answer 18

Term used describe an offence under the Criminal Code, prosecuted in a manner less complex and carrying penalties less severe than an indictable offence

Question 19

Define:
Arrest

Answer 19

Legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody

Question 20

Define:
Appearance Notice

Answer 20

A legal document, usually issued for less serious offences, compelling an accused person to appear in court

Question 21

Define:
Indictable Offence

Answer 21

A serious crime that carries a heavier penalty than a summary conviction offence

Question 22

Define:
Election

Answer 22

In criminal law, the choice the Crown has whether to prosecute a hybrid offence as an indictable offence or by summary conviction; also, the choice an accused has in some offences whether to be tried by Provincial Court Judge, by Superior Court Judge alone, or by Superior Court Judge with a jury

Question 23

Define:
Citation

Answer 23

The reference heading of a legal case which provides information as to the type of case, the court in which it was heard, and the year of the decision; allows the case to be easily found in report series

Question 24

Define:
Hybrid Offence

Answer 24

An offence which the Crown can try either as a summary conviction offence or and indictable offence; also known as a dual procedure offence