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Matching Flashcards

(60 cards)

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1
Q

Adversarial system

A

A legal system where two advocates represent their parties before an impartial judge or jury.

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2
Q

Common law

A

a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.

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3
Q

Habeus corpus

A

the requirement that an arrested person be brought before a judge or court before being detained or imprisoned.

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4
Q

Precedent

A

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

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5
Q

Motive

A

a reason for doing something, especially one that is hidden or not obvious.

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6
Q

General intent

A

General intent refers to your state of mind at the time the crime was committed, the intent to commit the crime

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7
Q

Specific intent

A

Committing one wrongful act for the sake of another

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8
Q

Possession

A

The state of having knowledge or control over something

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9
Q

Trafficking

A

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

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10
Q

Mischief

A

The interference with property

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11
Q

Public mischief

A

The intent to mislead police in an investigation

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12
Q

Colour of right

A

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

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13
Q

Controlled drug

A

A controlled substance is any type of drug that the federal government has categorized as having a higher-than-average potential for abuse or addiction

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14
Q

Common bawdy house

A

A brothel

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15
Q

Notwithstanding clause

A

commonly known as the notwithstanding clause, or as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.

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16
Q

Interveners

A

When an individual, group or body is given permission to intervene in a case, they usually submit a written argument and are also given permission to make a brief oral submission to members of the court.

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17
Q

Reasonable limits

A

Limitations the government can put on our rights

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18
Q

Entrenched

A

To protect and guarantee a right or freedom by ensuring it can only be changed by an amendment to the charter

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19
Q

Ultra vires

A

Beyond the power of government to pass laws

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20
Q

Chain of custody

A

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

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21
Q

Perimeter

A

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

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22
Q

Class characteristics

A

The general attributes of an object

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23
Q

Individual characteristics

A

The specific and unique features of an object

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24
Q

Impressions

A

Patterns or marks found on surfaces and caused by various objects

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25
Preliminary hearing
A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial
26
Parole
Release of an inmate on a promise if good behaviour into the community before the full sentence is served
27
Probation
A sentence that allows a person to live in the community under the supervision of a parole officer
28
Arraignment
The first stage of a criminal trial in which the defendant enters a plea to the charge
29
Discharge
To be released from legal confinement
30
Summary offence
A crime that is considered less serious and carries a lighter penalty
31
Hybrid offence
An offence that the crown can try either as a summary or indictable offence
32
Indictable
A serious offence that carries a heavy punishment
33
Men’s rea
A deliberate intention to commit a wrongful act, with reckless disregard for the consequences
34
Actus reus
“The guilty act” the voluntary act, omission or state of being that is forbidden by the criminal code
35
Circumstantial evidence
Indirect evidence that leads to a reasonable interference of the defendants guilt
36
Hearsay evidence
Evidence given by a witness based on information received from someone else rather than personal knowledge
37
Direct evidence
Testimony given by a witness to prove an alleged fact
38
Detention
Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint
39
Arrest
Legally depriving someone of liberty by seizing or touching the person to indicate they are in custody
40
Surety
A person who agrees to make a payment if the accused doesn’t appear in trial
41
Recognizance
A guarantee that the accused will appear in court when required under a penalty of a fine up to $500
42
Duress
In criminal law the defence that the accused was forced by the threat of violence to commit a criminal act against their will
43
Alibi
A defence raised by the accused claiming that they were somewhere else when the offence was committed
44
Intoxication
The condition of being overpowered by alcohol or drugs to the point of losing self control
45
Perpetrator
The person who actually commits the crime
46
Counselling
A crime that involves advising, recommending or persuading another person to commit a crime
47
Conspiracy
An agreement between two or more people to carry out an illegal act
48
Aiding
A criminal offence that involves helping a perpetrator commit a crime
49
Abetting
The crime of encouraging a perpetrator to commit a crime
50
Appeal
An application to a higher court to review the decision made by a lower court
51
Perjury
Knowingly making false statements in court while giving evidence under oath or affirmation
52
Subpoena
A court order requiring the witness to appear in court on a certain date to give evidence
53
Voir dire
A mini trial in which jurors are excluded while the admissibility of evidence is discussed
54
Charade to the jury
The judge’s explanation to the jurors of how the law applies to the case before them
55
Contributory negligence
Negligent actions by the plaintiff that helped cause the plaintiffs injuries
56
Litigants
The parties involved in a civil action
57
Lien
The right to hold or dispose of another persons property in payment for a debt
58
Injunction
A court order requiring or prohibiting an action
59
Tort
Harm caused to another person or property for which the law provides a civil remedy
60
Stare decisis
To stand by the decision

Law Final (2 decks)

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