Legal Principles and Terminology Quiz

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Questions and Answers

What is meant by 'habeas corpus'?

A type of criminal offense

A legal order to determine lawful imprisonment (correct)

An agreement defining business terms

A document with formal charges

Which term refers to the process of returning an accused person to another jurisdiction for trial?

Remand

Extradition (correct)

Recidivism

Indictment

What characterizes an 'unconscionable' contract?

An agreement that requires litigation to enforce

A contract so unfair that no informed person would agree to it (correct)

An agreement that benefits both parties equally

A contract that is legally binding

What does 'recidivism' refer to?

Returning to crime after being imprisoned Signup and view all the answers

Which term describes the process of a higher court reviewing a lower court's decision?

Appeal Signup and view all the answers

What does 'slander' refer to?

An oral statement damaging to a person’s reputation Signup and view all the answers

What is the role of a 'sheriff' in the courtroom?

To ensure courtroom safety and manage witnesses Signup and view all the answers

Which term is used for evidence that supports a defendant's innocence?

Exculpatory Evidence Signup and view all the answers

What is the Year and a Day Rule primarily concerned with?

Assessing liability in murder cases Signup and view all the answers

What must the Oakes Test demonstrate for a limitation of a Charter right to be considered reasonable?

That the limitation is sufficiently important and justified Signup and view all the answers

Which of the following accurately describes an affidavit?

A written statement sworn to be true before a commissioner of oaths Signup and view all the answers

What is an example of negligence?

Failing to paint a warning on a slippery floor Signup and view all the answers

What does an encumbrance refer to in property law?

A claim or liability attached to property Signup and view all the answers

What does owner's equity represent?

The owner's actual value in a property Signup and view all the answers

Which term describes evidence that is based on what someone else has said?

Hearsay Signup and view all the answers

What is the purpose of a holdback in construction contracts?

To deduct a portion of payment until conditions are met Signup and view all the answers

What is a key characteristic of a fiduciary?

They are required to act in good faith for another's benefit Signup and view all the answers

What does ratification involve in the context of international agreements?

Confirming to adhere to the terms of an agreement Signup and view all the answers

Study Notes

Legal Principles and Terminology

Year and a Day Rule: A principle limiting a defendant's murder liability if the victim lives longer than a year and a day after the harm.
Oakes Test: A judicial test for limiting Charter rights, requiring a sufficiently important reason and reasonable, demonstrably justified means.
Undertaking: A promise to perform an action, often legally binding.
Class Action: A lawsuit where one party represents multiple individuals with similar claims.
Affidavit: A sworn statement of facts, used as evidence in legal proceedings.
Negligence: Causing harm unintentionally, but failing to act as a reasonable person would.
Tort: A civil wrong causing injury, not based on a contract.
Hearsay: Evidence repeating what a witness heard others say (not considered reliable).
Escrow: A third party holding funds/documents until specified conditions are met.
Damages: Monetary compensation for harm caused by a legal wrong.
Encumbrances: Charges, liens, or other liabilities on property.
Fiduciary: A person with a duty to act for another's benefit with utmost honesty and integrity.
Ratification: Confirmation to abide by an international agreement.
Owner's Equity: The value of a property owned, above any liabilities.
Monetary Retainer: Payment for future legal services.
Testimony: Oral evidence from a witness.
Harassment: Vexatious conduct based on discrimination.
Exhibit: Physical evidence presented in court.
Tenants in Common: Property ownership with no right of survivorship; heirs inherit shares on death.
Remedy: Actions taken by a court to rectify a wrong or address a condition.
Unsympathetic Witness: A witness supporting the opposing party's case.
Tribunal: Agency operating like a court to resolve disputes.
Holdback: Money deducted by a payer and held for a specified time in a contract.
Bail: Temporary release of an accused pending trial, security possibly required.
Easement: Land rights allowing certain uses despite legal title holding.
Creditor: Person to whom money is owed.
Acquittal: A finding of "not guilty."
Uphold: An appellate court agreeing with a lower court decision.
Subpoena: Court order requiring appearance and testimony.
Embezzlement: Misappropriating funds held in trust.
Title: Legal ownership and possession of property.
Habeas Corpus: Legal order for inquiry into lawful imprisonment.
Engagement Letter: A contract defining relationship between client and professional.
Treason: Betrayal of one's country.
Remand: Sending a case back to a lower court for follow-up proceedings.
Unconscionable: A contract so unfair that it's unenforceable.
Third Party Reporting: Report of crime by another person.
Hung Jury: Jury unable to reach a unanimous decision.
Indictment: A formal listing of criminal charges.
Sheriff: Court official maintaining order and handling courtroom processes.
Appeal: Seeking higher court review of a lower court's decision.
Litigation: Legal action to resolve a dispute.
Libel: Written defamation.
Trafficking: Illegal selling/distributing controlled substances.
Homicide: Killing another human being, directly or indirectly.
Extradition: Surrendering an accused to another jurisdiction.
Recidivism: Repeated criminal behavior after release.
Entrapment: Illegal inducement to commit a crime.
Rebut: To contradict evidence.
Exculpatory Evidence: Evidence suggesting innocence.
Abetting: Encouraging a criminal act.
Liability: Legal responsibility for wrongful actions.
Lien: A right to claim or sell another's property to meet a debt.
Young Offender: A person aged 12-18 breaking a law.
Interveners: Third-party participants in legal proceedings.
Slander: Oral defamation.

Key Criminal/Legal Concepts

Acquittal: A finding of "not guilty" by a court.
Bail: Temporary release of a suspect awaiting trial.
Harassment: Unwanted conduct based on discriminatory grounds.
Homicide: Killing another human being.
Liability: Legal responsibility for wrongful acts.
Litigation: The legal process to resolve a dispute.
Negligence: Unintentional harm through failure to act reasonably.
Trafficking: Illegal trade of controlled substances.
Treason: Betrayal of one's country.

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Description

Test your knowledge on key legal principles and terminology, including concepts like the Oakes Test, negligence, and torts. This quiz will enhance your understanding of the legal framework surrounding these terms. Perfect for law students or anyone interested in legal studies.