Law Exam Matching

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

s. 33 of the Canadian charter of rights and freedoms, which allows federal and provincial governments to pass legislation that is exempt from s.2 and ss. 7 to 15 of the charter

Answer 5

notwithstanding clause

Question 6

minimal compensation to acknowledge a moral victory

Answer 6

nominal damages

Question 7

the reason a person committed a crime

Answer 7

motive

Question 8

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 8

mischief

Question 9

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

Answer 9

surety

Question 10

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

Answer 10

specific intent

Question 11

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

Answer 11

standard of care

Question 12

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

Answer 12

summary offence

Question 13

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

Answer 13

subpoena

Question 14

the right to hold or dispose of another persons property in payment for a dept

Answer 14

lien

Question 15

the parties involved in a civil action

Answer 15

litigations

Question 16

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

Answer 16

mens rea

Question 17

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

Answer 17

arraignment

Question 18

defamation in a permanent form, such as written or recorded statements

Answer 18

libel

Question 19

the crime of encouraging the perpetrator to commit an offence

Answer 19

abetting

Question 20

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

Answer 20

arrest

Question 21

a defence raised by the accused claiming that he or she was somewhere else when the offence was committed

Answer 21

alibi

Question 22

a criminal offence that involves helping a perpetrator commit a crime

Answer 22

aiding

Question 23

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

Answer 23

actus reus

Question 24

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

Answer 24

appeal

Question 25

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

Answer 25

colour of right

Question 26

any drug listed in Schedules 1 to V of the controlled drugs and substances act

Answer 26

controlled drug

Question 27

A brothel; an establishment of ill repute - within which occur acts of prostitution or lewd sex.

Answer 27

common bawdy house

Question 28

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

Answer 28

chain of custody

Question 29

the general attributes of an object

Answer 29

class characteristics

Question 30

indirect evidence that leads to a reasonable interference of the defendant's guilt

Answer 30

circumstantial evidence

Question 31

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

Answer 31

counselling

Question 32

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

Answer 32

conspiracy

Question 33

the judges explanation to the jurors of how the law applies to the case before them

Answer 33

charge to the jury

Question 34

negligent actions by the plaintiff that hiked cause the plaintiff's injuries

Answer 34

contributory negligence

Question 35

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

Answer 35

duty of care

Question 36

testimony given by a witness to prove an alleged fact

Answer 36

direct evidence

Question 37

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

Answer 37

detention

Question 38

in criminal law, the defence that the accused was forced by the threat of violence to commit a criminal act against his or her will; in contract law, the use of unlawful threats or pressure to force someone to enter into a contract

Answer 38

duress

Question 39

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 39

entrench

Question 40

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

Answer 40

general intent

Question 41

an offence that the crown can try either as a summary or indictable offence

Answer 41

hybrid offence

Question 42

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

Answer 42

hearsay evidence

Question 43

an unforeseeable event that interrupts the chain of events started by the defendant

Answer 43

intervening act

Question 44

the specific and unique features of an object

Answer 44

individual characteristsics

Question 45

patterns or marks found on surfaces and caused by various objects

Answer 45

impressions

Question 46

a more serious crime that carries a heavier penalty

Answer 46

indictable offence

Question 47

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

Answer 47

intoxication

Question 48

a court order requiring or prohibiting an action

Answer 48

injunction

Question 49

the state of having knowledge of and control over something

Answer 49

possession

Question 50

providing false information that causes the police to start ir continue an investigation without cause

Answer 50

public mischief

Question 51

monetary compensation for losses that can be calculated

Answer 51

pecuniary damages

Question 52

the areas surrounding the centre of a crime scene, where the offender may have been present or may have left evidence

Answer 52

perimeter

Question 53

a judicial inquiry to determine whether there is sufficient evidence to put an accused person on trial

Answer 53

preliminary hearing

Question 54

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

Answer 54

parole

Question 55

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

Answer 55

probation

Question 56

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

Answer 56

perjury

Question 57

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

Answer 57

recognizance

Question 58

the person who actually commits the crime

Answer 58

perpetrator

Question 59

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

Answer 59

tort

Question 60

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

Answer 60

voir dire

Question 61

beyond the power of government to pass laws

Answer 61

voir vires

Question 62

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Answer 62

precedent

Question 63

it legally allows the government to limit an individual's Charter rights

Answer 63

reasonable limits

Question 64

release (someone) from the custody or restraint of the law.

Answer 64

discharge

Question 65

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

Answer 65

trafficking