Legal Terms and Concepts

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5 Questions

What is the legal term for the act of helping someone commit a crime?

Abetting

Which type of evidence is based on indirect circumstances rather than direct observation?

Circumstantial Evidence

What is the term for the mental element of a crime, which refers to the intent or knowledge of the accused?

Mens Rea

What is the term for the process of selecting a jury for a trial?

Empanelling

What is the term for a legal principle that requires a person to take reasonable care to avoid causing harm to others?

Standard of Care

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.

Defenses and Criminal Law

  • 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.

Law and Justice

  • 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.

Family and Property Law

  • 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.

Test your knowledge of legal terms and concepts, including types of evidence, legal defenses, and legal procedures. Identify key concepts in law, justice, and legislation.

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