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Law flash cards
| Question | Answer |
|---|---|
| abetting | the crime of encouraging the perpetrator to commit an offence |
| abrogate | to abolish or annul |
| absolute discharge | releasing a convicted offender and erasing the criminal record after one year |
| absolute liability offences | offences that do not require mens rea and to which the accused can offer no defence |
| absolute privilege | protection from liability for statements made in Parliament, in a legislature or a courtroom, at a military hearing, or before a tribunal |
| acceptance | a clear indication by the offeree to enter into a contract on the terms set out by the offeror |
| access | the non‑custodial parent’s right to visit the child when the parents separate |
| accessory after the fact | someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police |
| accommodate | eliminate or adjust requirements or conditions to enable a person to carry out the essential elements of an activity or job |
| accommodation | the place where people live or want to live |
| accused (or defendant) | in criminal law, the person charged with committing a criminal offence |
| act of God | a defence claiming that an accident was caused by an extraordinary, unexpected natural event such as a tornado, an earthquake, or a flood |
| actus reus | “the guilty act”—the voluntary action, omission, or state of being that is forbidden by the Criminal Code |
| administrative law | law related to the relationship between people and government departments, boards, and agencies |
| adoption | a legal process by which a couple (or a single person) becomes the legal parents of a child |
| adultery | sexual intercourse by a married person with someone other than his or her spouse |
| appellant | the party that files an appeal |
| apportionment | the division of fault among different wrongdoers |
| arbitration | a process in which a neutral third party hears both sides of the dispute and makes a binding decision |
| arraignment | the first stage of a criminal trial in which the defendant enters a plea to the charge |
| arrest | legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody |
| arrest warrant | a written court order directing the arrest of the suspect |
| assault | in criminal law, threatened or actual physical contact without consent; in tort law, offensive conduct that causes a reasonable apprehension of imminent harm |
| assault with a weapon or causing bodily harm | injuring a person in a way that has serious consequences for the victim’s health or comfort |
| assizes | travelling courts |
| attempt | the intention to commit a crime, even when the crime is not completed |
| automatism | a condition in which a person acts without being aware of what he or she is doing |
| bail | the temporary release of an accused who posts money or some other security |
| bailiff | the court official who assists the sheriff |
| bait and switch | advertising an item at a low price and maintaining a small amount of stock in hopes of luring consumers into the store to purchase higher‑priced goods |
| balance of probabilities | the weighing of evidence to decide whether the plaintiff’s or the defendant’s version of events is more convincing or likely to be correct |
| banns of marriage | a public declaration in a church announcing a couple’s intention to marry |
| battery | intentional, unauthorized physical contact that the victim considers harmful or offensive |
| bench warrant | an arrest warrant issued directly by the Judge when an accused person fails to appear in court |
| beyond a reasonable doubt | a standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence |
| bigamy | being married to two people at the same time (a type of polygamy) |
| bilateral contract | an agreement by both parties to do something for each other |
| bill | proposed legislation |
| binding | final and enforceable in the courts |
| binding over | a sentence ordering the defendant to keep the peace and demonstrate good behaviour for up to 12 months |
| bona fide occupational requirement | a qualification essential for proper or efficient job performance |
| breach of contract | failure by a party to perform the obligations agreed to in a contract |
| breaking and entering | breaking or opening something in order to enter the premises without permission with the intent to commit an indictable offence |
| bugging | recording a speaker’s oral communication by using an electronic device |
| burden of proof | the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt |
| bylaws | laws that deal with local issues and are passed by municipal governments |
| case law | a method of deciding cases based on recorded decisions of similar cases |
| caveat emptor | Latin for “let the buyer beware,” implying that a purchase is made at the buyer’s risk |
| crime scene | the area in which the offence was actually committed |
| certificate of divorce | a legal document that terminates a marriage |
| chain of custody | the witnessed, written record of the people who maintained unbroken control over an item of evidence |
| challenge for cause | the right of the Crown or defence to exclude someone from a jury for a particular reason |
| character evidence | evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence |
| charge to the jury | the Judge’s explanation to the jurors of how the law applies to the case before them |
| chattel | movable personal property |
| child support | payment one parent makes to the other to meet the financial needs of their children |
| circuit judges | judges of travelling courts |
| circumstantial evidence | indirect evidence that leads to a reasonable inference of the defendant’s guilt |
| citation | the reference heading of a legal case or statute |
| citizen’s arrest | an arrest without a warrant by any person other than a peace officer |
| civil law | law governing the relationships between private individuals, between individuals and organizations, and between organizations; also known as private law |
| civil liberties | basic individual rights protected by law, such as freedom of speech |
| class action suit | a lawsuit initiated by a group of people over a complaint common to all |
| class characteristics | the general attributes of an object |
| clerical mistake | an error made in recording the details of a contract |
| closed custody | highly secured provincial facilities for dangerous offenders |
| Code of Hammurabi | one of the earliest known sets of recorded laws, written by King Hammurabi of Babylon |
| codified | arranged and recorded systematically |
| cohabitation | the legal description of two people involved in a common‑law relationship |
| cohabitation agreement | a domestic contract that sets out the rights and obligations of both partners |
| collusion | an agreement between the spouses to lie or deceive the Court in order to obtain a divorce |
| colour of right | the honest belief that a person owns or has permission to use an item |
| common law | law that developed in English courts; relies on case law, and is common to all people |
| common‑law relationship | an intimate relationship between two individuals who are not legally married |
| common mistake | in contract law, the same error made by both parties |
| complainant | the person making an allegation of discrimination |
| compulsion or duress | a defence in which the accused person is forced by the threat of violence to commit a criminal act against his or her will |
| conciliation | bringing conflicting parties to a resolution of their differences |
| concurrent sentences | sentences served at the same time |
| condition | a very important term in a contract |
| conditional discharge | releasing a convicted offender under certain terms, and erasing the criminal record after three years if the terms are met |
| conditional release | serving part of a sentence in the community under supervision |
| conditional sentence | a prison sentence that can be served in the community, with strict terms attached |
| consanguinity | relationship by blood |
| consensus ad idem | a clear understanding between the parties of the terms of the contract and the willingness to abide by them |
| consent | to agree voluntarily to an action; also, permission granted voluntarily for a specific act |
| consideration | something of value that either benefits the party who receives it or is a loss or inconvenience to the party who provides it |
| conspiracy | an agreement between two or more people to carry out an illegal act, even if that act does not actually occur |
| constitutional law | body of law dealing with the distribution and exercise of government powers |
| constructive discrimination | employment policies that inadvertently exclude certain individuals, resulting in discrimination |
| consummation | legally validating a marriage through sexual intercourse between spouses |
| contamination | the loss, destruction, or alteration of physical evidence |
| contract | a legally binding agreement between two or more competent parties |
| contract law | the branch of civil law that provides rules regarding agreements between people and businesses |
| contract under seal | a written agreement bearing a red sticker, handwritten dot, or the word seal |
| contrary to public policy | against the morals and ethics of a community |
| contributory negligence | negligent actions by the plaintiff that helped cause the plaintiff’s injuries |
| controlled substance | any drug listed in Schedules I to V of the Controlled Drugs and Substances Act |
| conversion | unauthorized and substantial interference with another’s property, which deprives the owner of its use |
| counselling | a crime that involves advising, recommending, or persuading another person to commit a criminal offence |
| counterclaim | an independent cause of action brought by the defendant against the plaintiff |
| counteroffer | an offer made in response to an existing offer |
| court clerk | the court official who assists the Judge |
| court of appeal | a court with the authority to review decisions made by lower courts |
| court reporter | the court official who records everything said in court during a trial |
| court security officer | the court official who maintains security in the courtroom |
| crime | an act or omission of an act that is prohibited and punishable by federal statute |
| crime scene | the site where the offence took place |
| criminal law | law that identifies crimes and prescribes punishment |
| criminal negligence | wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death |
| cross‑claim | a claim made between parties on the same side of the litigation |
| cross‑examination | the second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel |
| Crown counsel (or prosecutor) | the lawyer representing the government, responsible for instituting legal proceedings against the accused |
| Crown wardship order | family court judge’s order to make the state (government) the guardian of a child |
| cruelty | the mental or physical behaviour of one spouse causing harm to the other, making staying together intolerable |
| culpable homicide | a killing for which the accused can be held legally responsible |
| custodial parent | the parent with childcare responsibilities after the parents separate |
| custody | in criminal law, a sentence entailing confinement within a controlled facility, usually imposed on someone who commits a serious crime; in family law, care of a child awarded to a parent by a court when the relationship ends |
| custody and supervision order | a court order that sets out terms and conditions, requiring the youth to spend two‑thirds of the sentence in custody and the last third in the community under supervision |
| custom adoption | a form of traditional adoption within a First Nations community |
| custom marriages | marriage ceremonies between Aboriginal spouses that follow traditional practices |
| damages (tort) | in tort law, compensation for a wrong |
| damages (contract) | in contract law, money awarded by the Court for actual losses resulting from a breach of contract |
| dangerous offender | someone who constitutes a threat to the life, safety, or well‑being of others |
| day parole | conditional absence from custody during the day only |
| defamation | injury to a person’s reputation or good name by slander or libel |
| default | failure to do something required by law |
| default judgment | a judgment against a party who has failed to defend a claim action |
| defence | a denial of, or a justification for, criminal behaviour |
| defence counsel | a lawyer who defends an accused person on trial |
| defence of a third party | the legal right to use reasonable force to protect someone from injury |
| defendant | in civil law, the party being sued; in criminal law, the party charged with an offence |
| defined access | visitation terms for the non‑custodial parent that are defined by the Court |
| denunciation | punishment designed to show condemnation of the offender’s conduct |
| deportation | a sentence of expulsion from the country |
| derogate | to take away or detract |
| detention | legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint |
| diplomatic immunity | agreement not to prosecute foreign diplomats for certain crimes they may commit while working in the host country |
| direct discrimination | an overt act of discrimination |
| direct evidence | testimony given by a witness to prove an alleged fact |
| direct examination | the first questioning of a witness to determine what he or she observed about the crime |
| directed verdict | a decision by the Judge to withdraw the case from the jury and enter a verdict of not guilty |
| discrimination | treating a person unfairly or unequally because of his or her race, religion, ability, etc. |
| disorderly house | a common bawdy, betting, or gaming house |
| dissemination | spreading ideas widely |
| distinguishing a case | identifying a case as being sufficiently different from previous cases as to warrant a different decision |
| divine right | the concept that monarchs and their successors derived their power to rule from God and were accountable only to God |
| divorce | the legal termination of a marriage |
| domestic contract | a legal agreement that defines rights and obligations of married or cohabitating partners |
| domestic law | law that governs activity within a nation’s borders |
| double jeopardy | the legal doctrine that an accused person cannot be tried twice for the same offence |
| due diligence | the defence that the accused took every reasonable precaution to avoid committing a particular offence |
| duress | in criminal law, the defence that the accused was forced by the threat of violence to commit a criminal act against his or her will; in contract law, the use of unlawful threats or pressure to force someone to enter into a contract |
| duty counsel | a lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court |
| duty of care | the obligation to foresee and avoid careless actions that might cause harm to others |
| dwelling house | any building or other structure that is occupied on a permanent or temporary basis |
| electronic monitoring | allowing an offender to serve a sentence at home under electronic supervision from a remote location |
| electronic surveillance | the use of any electronic device to overhear or record communications between two or more people |
| employment law | the branch of civil law that governs employer‑employee relationships |
| English common law | law that originates from decisions made by judges in previous cases |
| entrapment | a defence against police conduct that illegally induces the defendant to commit a criminal act |
| entrench | in a general sense, to include or incorporate one thing into another; in a constitutional sense, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution |
| equalization payment | what the spouse with the higher value of assets pays to the other spouse to make the division of total assets more equitable |
| essential requirements | federal laws that establish whether a person may marry |
| estate law | the branch of civil law concerned with the division and distribution of property after death |
| evidence | information that tends to prove or disprove the elements of an offence |
| examination for discovery | examination of evidence by both sides before a civil trial |
| executive branch | the administrative branch of government responsible for carrying out the government’s plans and policies |
| exemption clauses | clauses that release a party from liability |
| explanation | a defence claiming that an accident occurred for a valid reason even though the defendant took every precaution |
| express contract | an agreement in which the terms have been discussed and agreed upon in advance |
| extradition | surrendering an accused person to another jurisdiction to stand trial |
| extrajudicial sanctions | participating in community‑based programs instead of going to court |
| facilities | areas or buildings designated for public use |
| fair comment | a defence to defamation that the comments were honest and made without malice |
| false imprisonment | detention of a person without consent and without legal authority |
| family assets | property owned by either spouse (or both) and normally used for family purposes |
| family group conferencing | an alternative measures program in which the victim and the offender meet with family members and other concerned parties to determine restitution |
| family law | the branch of civil law that deals with various aspects of family life |
| Federal Court of Canada | a court with jurisdiction to hear civil and criminal cases referred by federal boards, commissions, or tribunals, and to rule on constitutional issues referred by the Attorney General |
| federal system | a two‑level system of government |
| fines | specific amounts of money paid as penalties for offences |
| fingerprint | a mark left behind after a fingertip touches an object |
| first‑degree murder | a killing that is planned and deliberate, is contracted, causes the death of a peace officer, or is committed during another serious crime |
| forensic science | the use of biochemical and other scientific techniques to analyze evidence in a criminal investigation |
| foreseeability | the ability of a reasonable person to anticipate the consequence of an action |
| formal requirements | provincial and territorial laws regarding the marriage ceremony |
| franchise | the right to vote |
| fraud | intentionally deceiving someone in order to cause a loss of property, money, or service |
| fraudulent misrepresentation | a statement of fact that the maker knows is false, made with the intent to cause another person to act on that statement |
| freedom | the ability to conduct one’s affairs without being hampered or frustrated |
| full parole | conditional release from custody after serving one‑third to one‑half of a sentence |
| future consideration | something of value that is exchanged after a contract is formed |
| garnishment | a court order requiring a third party (such as the defendant’s employer) to pay the plaintiff money owed to the defendant |
| general deterrence | punishment to discourage people in general from offending |
| general intent | the desire to commit a wrongful act, with no ulterior motive or purpose |
| Good Samaritan Law | a legal principle that prevents a rescuer who has voluntarily helped someone in distress from being sued if he or she actually causes that person harm |
| goods | merchandise that can be purchased |
| government or public bill | legislation proposed by a cabinet minister |
| gratuitous promise | an offer that gives a benefit to the offeree only |
| gravamen | the grievance, or the main cause of an accusation |
| Great Binding Law | the constitution of the Iroquois Confederacy |
| guardian ad litem | the person appointed to act on behalf of a minor or a person under a disability who is being sued |
| habeas corpus | a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time |
| harassment | persistent behaviour that violates the human rights of the victim |
| hearsay evidence | evidence given by a witness based on information received from someone else rather than personal knowledge |
| homicide | the killing of another human being, either directly or indirectly |
| host | someone who serves alcohol to guests or paying customers |
| human rights | fundamental rights and freedoms to which all people are entitled |
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