Untitled Document PDF - Law Notes

Accessory : Are those who, having knowledge and aided in the commission of the crime Actus Reus : for a person to be found guilty of a criminal offence he or she must have committed an illegal act Administrative Law : is concerned with deciding rights, obligations, and entitlements. Arrest : The...

Accessory : Are those who, having knowledge and aided in the commission of the crime Actus Reus : for a person to be found guilty of a criminal offence he or she must have committed an illegal act Administrative Law : is concerned with deciding rights, obligations, and entitlements. Arrest : The act of apprehending and taking a person into custody Automatism : the performance of actions without conscious thought or intention. (Ex. a man who murders his spouse while sleepwalking.) Bail : A court order, referred to as a “release order”, releases the accused from custody while they are awaiting trial or appeal, and requires them to obey certain conditions while in the community. In some cases, bail orders may require a money deposit Burden of Proof : a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Civil Law : A body of law that outlines rules on settling disputes between individuals. Conspiracy : is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. Constitutional Law : is the branch of law that focuses on the interpretation and application of a country's constitution. It deals with the structure of government, the powers and rights of government entities, and the rights and freedoms of individuals. Contract Law : creates and implements the agreements of a contract and will seek out a remedy if a violation does occur Counseling : refers to the process of giving professional advice or guidance, typically by a lawyer or legal expert, to help someone understand their legal rights, responsibilities, and options. Criminal Code* : The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution. ( Ex. To make sure that every detail of the case was covered and that her client had a fair trial, the defense lawyer carefully reviewed the criminal code.) Criminal Law : A system of law concerned with the punishment of those who commit crimes. Defendant : A person or group against whom a criminal or civil action is brought Disposition : Final order from a judge.(Ex.The judge's disposition of the case was to rule in favor for the defendant) Due Process* : the legal requirement that the state must respect all legal rights owed to a person. ( Ex.The defendant was given a fair trial and a chance to present evidence, ensuring that due process was followed.) Equality before the Law : Equality before the law means that all people, regardless of their status, are treated the same by the legal system Equality under the Law :Equality under the law means that all people are treated equally by the legal system, without discrimination Family Law : The branch of law that deals with matters relating to the family, such as divorce and child custody. Hearsay : A statement made outside of court and then offered at a court proceeding to prove the truth of its contents Hybrid Offence : is a type of criminal offense that can be prosecuted either as a summary offense or an indictable offense Indictable Offence : is a crime that is more serious and invites a greater punishment Insanity : a mental illness or disease that prevents a person from fully understanding their actions Lawsuit : is a case in a court of law which concerns a dispute between two people or organizations. Mens Rea : Refers to criminal intent. the intention or knowledge of wrongdoing that constitutes part of a crime (a drug possession charge requires proving mens rea by establishing that the accused had knowledge of the presence of the substance on their person.) Notwithstanding Clause* : is a legal provision that allows a government to pass a law even if it conflicts with certain rights or freedoms (Ex. The Notwithstanding Clause lets the government enforce the new rule, even if it goes against some of the usual rights) Open Custody : an Order of the Youth Justice Court a young person will normally spend the first two thirds of the term in a facility. Perjury : If you knowingly provide false information or make a false statement while under oath in a judicial setting with the intention of deceiving the judge or jury Plaintiff : The party who institutes a legal action or claim Plea Bargain : An agreement between the prosecution and the defendant where the defendant agrees to plead guilty to the charges against them. Precedence* : refers to the principle that a court should follow the rulings or decisions of higher courts in previous cases that are similar. Private Law : is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals Probation : The release of an offender from detention, subject to a period of good behavior under supervision. Procedural Law : refers to the rules and processes that govern how legal cases are handled in court. Property Law : The body of law concerning the rights of individuals over land, objects, and expression within Canada. Rule of Law* : is a fundamental principle that asserts that all individuals, institutions, and entities are accountable to laws and are equally enforced no matter the situation (The rule of law states that a lone motorist at a deserted intersection in the middle of the night who waits patiently for the red light to turn green despite there not being anyone around.) Search Warrant : A legal document authorizing a police officer or other official to enter and search premises. Secure Custody : Secure custody means that a minor being held in temporary custody in a law enforcement facility is locked in a room or enclosure Self - Defence : is when a person acts – typically using physical force – in a manner intended to protect himself or herself against a threat. Stare Decisis : To stand by things decided Statute : is a written law enacted by a legislative body, such as the Parliament (Ex a statute might be a law that says drivers must wear seat belts while driving. Substantive Law :, body of law concerned with rights and obligations Summary Conviction : The least serious kind of criminal offence under Canada's Criminal Code. It is also known as a "petty crime", for example, disturbing the peace. Tort law : It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Voir Dire* : the process of questioning potential jurors to determine their suitability for serving on a jury(trial within a trial).(Ex. During voir dire, the attorneys asked the potential jurors about their backgrounds and biases to ensure a fair trial. Quiz: __________ of 10.