Legal Terminology Definitions Quiz

Legal Terminology Definitions

• Criminal v. Private Law: Criminal law addresses offenses against the state, while Private law deals with disputes between individuals or entities.
• Mens rea/Actus Reus: Mens rea refers to the mental intent to commit a crime, while actus reus is the physical action.
• Precedent: Law based on previous court decisions to maintain consistency and predictability.
• Principal Actor: The person who physically carries out the crime, which can involve multiple people.
• Aider/Abettor: Someone who helps the principal actor, either by encouraging or assisting.
• Accessory After the Fact: Someone who helps the principal actor after the crime.
• Wilful Blindness: Avoiding knowledge of illegal activity, intending to ignorance. This might lead to legal liabilities.
• Omission: Failure to act when you are legally obligated.
• Recklessness: Consciously taking risks that could lead to harm.
• Motive: The reason behind committing a crime. Motive does not determine guilt, but is a factor.
• Summary/Hybrid/Indictable: Categories of crime based on severity and punishment.

Criminal Definitions

• Intoxicated: Relating to the use of a breathalyzer device to measure blood alcohol concentration.
• Prohibited Items: Weapons, certain types of gas/spray, and explosives are banned by law.
• Restricted Items: Requires licenses and restrictions (some examples given include semi-automatics, handguns, etc).
• Summary Offense: Less serious offenses with simpler procedures, lower penalties.
• Hybrid Offense: Can be prosecuted as either summary or indictable, depending on the prosecutor's discretion.
• Indictable Offense: More serious offenses often leading to longer sentences and a more formal court process.

Ages of Consent

• Consent: Must be freely given, and can be withdrawn.
• Intoxication: Intoxication can nullify consent.
• Age Ranges Different age ranges determine different levels of consent for those under 18.

Offenses

• Sexual Assault: Non-consensual sexual contact or activity.
• Fraud: Intentional deception.
• Theft Under/Over: Theft distinctions based on property value.
• Robbery: Unlawful taking of property using force.
• Paul Bernardo: Notorious Canadian criminal involved in crimes.
• Karla Homolka: Involved in crimes with Paul Bernardo.
• Capital Punishment: The death penalty.
• Homicide: The killing of one person by another.
• Manslaughter: Unlawful killing without malice aforethought (often impulsive).
• Perjury: Intentional violation of an oath—telling a lie in court.
• YCJA (Youth Criminal Justice Act): Legislation dealing with youth offenders.
• Intoxilyzer: A device to measure blood alcohol content.
• Prohibited Items: Includes auto weapons, tear gas/sprays, explosives, modified weapons, small handguns/hidden spring-loaded knives, and brass knuckles.

Additional details/Crimes

• Summary offenses: Least serious offenses (e.g., traffic violations).
• Hybrid offenses: Mid-range offenses (e.g., some theft offenses).
• Indictable offenses: Serious offenses (e.g., murder).
• Terms include Breaking and Entering, Theft, Assault, Battery, Driving Offenses, Duress, Self-defense, Intoxication, and Negligence. These offenses have specific legal definitions and may involve different legal consequences.
• R. v. Daviault and R. v. Parks: Cases about automatism and intoxication as possible defenses.

Police Powers

• Arrest: Detaining someone based on suspicion or evidence of involvement in criminal activity.
• Use of Force: Applying physical coercion by law enforcement, ranging from verbal commands to physical restraints. (with limitations).
• Citizen's Arrest: Private citizens detaining someone suspected of a crime until authorities arrive.
• Citizens Arrest specific laws/criteria: Includes specific legal criteria regarding the limitations of detaining someone.

Defenses

• Automatism: Involuntary actions due to a lack of conscious control.
• Duress: Committing crimes under threat of imminent harm or death.
• Self-Defense: Using reasonable force for self-protection or protection of others from immediate harm.
• Intoxication: Reduced criminal liability if the accused's mental state was impaired by alcohol or drugs preventing them from committing a crime with intent.

Additional Information

• Break and Enter: Unlawful entry into a building or property with intent to commit a crime.
• Sexual assault: Unwanted sexual contact or activity without consent.
• Fraud: Deliberately misleading someone for personal or financial gain.
• Theft: Taking something that belongs to another without consent.
• Robbery: Theft with force or violence.

Tort Law

• Punitive Damages: Financial rewards to penalize the defendant for egregious conduct, to deter similar action.
• Pecuniary Damages: Monetary compensation for quantifiable losses like medical expenses or lost wages.
• Allurement: Creating a situation that entices individuals (especially children) onto private property that could lead to injuries.

Family Law

• Tender Years Doctrine: The belief that young children are best cared for by their mothers. (being superseded by focus on the best interest of the child)
• Joint/Shared Custody: Both parents share major decisions for the child.
• Equalization of Assets: Spouses' division of marital property.
• Matrimonial Home: The family home, with special considerations during divorce/separation.

Human Rights

• Charter of Rights and Freedoms: Sets out fundamental rights and freedoms. (example sections discussed include 1, 7, 12, & 15 of the Charter).
• OHRC (Ontario Human Rights Commission): Regulates and enforces human rights in Ontario, Canada.

Other Key Information

• Peremptory Challenges: Excluding potential jurors without a specific reason (a key part of the jury selection process).
• Preliminary Hearing: A pre-trial proceeding to determine if enough evidence exists for a trial.
• Arraignment: Formal reading of charges to the accused and entering a plea.