terms Flashcards

1
Q

trial by combat

A

1066 accused and accuser would fight to determine guilt and innocence, The rich guy could hire someone to fight for them. Therefore lot’s of innocent people were killed. Adversarial system, expensive lawyers vs poor guy representing himself

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2
Q

jury of peers

A

tried by a jury of “fellow peer’s rather than by a judge

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3
Q

precedent

A

applying a previous decision to a case that has similar circumstances

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4
Q

habeas corpus

A

a court order designed to prevent unlawful arrest by ensuring that anyone detained is charge before a court within a reasonable amount of time. You need evidence to arrest, if the evidence is not there within a certain amount of time the person can walk.

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5
Q

rule of law

A

individuals must recognize & accept that the law is necessary to regulate society. The law applies equally to everyone, including people in power.

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6
Q

jurisdiction

A

the political or legal authority to pass and enforce laws, or the judicial authority to decide a case

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7
Q

scandenavian model

A

going after ‘Johns’ (clients) and ‘pimps’ (traffickers) NOT prostitutes. The prostitutes are seen as the victims because human trafficking isn’t simple prostitution. It is coerced and the avails are not gained by the prostitute

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8
Q

class action suit

A

legal action filed by a group of people represented by one person (or a small group)

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9
Q

state of being

A

affiliated with a criminal act or being in possession of say a weapon or something of the like

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10
Q

indictable

A

rendering the person who commits it liable to be charged with a serious crime that warrants a trial by jury - preliminary hearing necessary

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11
Q

capital punishment

A

death as punishment for crime; “death sentence”

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12
Q

conspiracy

A

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

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13
Q

calpable

A

criminally responsible (eg: manslaughter, infanticide, 1st degree or 2nd degree)

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14
Q

equalization

A

section 36 pf the Constituition act which provides for equal access to essential services for all Canadians. - Have and Have not provinces - to make things equal between provinces that can and cannot afford things such as public health care etc - this is where our taxes go

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15
Q

Infanticide

A

natural mother with child under 12 months suffering from post partum, and therefore kills her baby

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