Legal Terms and Concepts

Study Notes

Causation: The relationship between an act or omission and the resulting harm or injury.
Direct Evidence: Evidence that directly proves or disproves a fact, often through eyewitness testimony or physical evidence.

Automatism: A defense where an individual claims they were not in control of their actions due to a mental or physical condition.
Self-Defense: A defense where an individual claims they used reasonable force to protect themselves from harm.
Mens Rea: The Latin phrase for "guilty mind," referring to the mental state of an individual who commits a crime.
Actus Reus: The Latin phrase for "guilty act," referring to the physical act of committing a crime.
Hybrid Offence: A crime that can be prosecuted as either a summary offence or an indictable offence, depending on the severity of the punishment.
Indictable Offence: A serious crime that is prosecuted by indictment, often carrying a more severe penalty.
Manslaughter: A crime that involves the killing of another person without premeditation or intent.

Habeas Corpus: A legal term that means "you have the body," referring to a court order that requires a person to be brought before a judge or court.
Oakes Test: A legal test used to determine whether a law or government action infringes upon a person's rights under the Canadian Charter of Rights and Freedoms.
Reasonable Limits Clause: A clause in the Canadian Charter of Rights and Freedoms that allows for reasonable limits to be placed on individual rights.
Public Law: A branch of law that deals with the relationship between individuals and the government, including constitutional and administrative law.
Private Law: A branch of law that deals with the relationships between individuals, including contract, property, and tort law.

Abetting: Assisting or encouraging someone to commit a crime.
Aiding: Providing assistance or support to someone who has committed a crime.
Accessory After the Fact: A person who assists or provides support to someone who has committed a crime after the fact.
Empanelling: The process of selecting and swearing in a jury for a trial.
Writ of Summons: A legal document that summons a person to appear in court.
Mediation: A process of resolving disputes through negotiation and compromise, often with the assistance of a neutral third party.

Marriage Breakdown: The dissolution of a marriage, often resulting in the division of property and assets.
Net Family Property: The total value of a couple's assets and liabilities, used to determine the division of property in a divorce or separation.
Restitution: The act of restoring or returning something to its rightful owner, often in the context of property law.

Pecuniary: Relating to or involving money or financial matters.
Opinion Evidence: Testimony given by an expert witness, often based on their opinion or expertise.
Circumstantial Evidence: Evidence that indirectly proves or disproves a fact, often through inference or implication.
Prima Facie: A Latin phrase that means "on its face," referring to evidence that appears to be sufficient to prove a fact or establish a claim.
Unintentional Discrimination: Discrimination that occurs unintentionally, often through policies or practices that have a disproportionate impact on certain groups.
Poisoned Environment: A workplace or environment that is hostile or toxic, often due to discrimination or harassment.