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Law definitions

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Term
Definition
Rule of Law   It's the rules of the law to state it applies to everyone.  
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Habeus Corpus   ensures that no one can be imprisoned unlawfully. you may have the body' (if legal procedures are satisfied).  
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Rule of precedent   Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.  
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Distinguishing a case   a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.  
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Amending formula   requires the approval of the Senate and House of Commons and of the legislative assemblies of at least two thirds of the provinces with at least 50% of the population of all provinces.  
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Residual powers   power retained by a governmental authority after certain powers have been delegated to other authorities.  
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Principle of equalization   allows everyone = access to services  
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intra vires   within the legal power or authority or a person or official or body etc  
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Ultra Vires   beyond one's legal power or authority.  
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Actus reus   a Latin phrase meaning " a wrongful deed" ; the criminal act or omission to act  
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Mens rea   a Latin phrase meaning "a guilty mind"; the knowledge, intent, or recklessness of one's actions,  
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Common law   Legal rules, principles, and usage that rest upon court decisions rather than upon statutes or other written declarations.  
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adjective law   That area of the law that deals with procedural rules of evidence, pleadings and practice.  
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prima facie   Latin for “at first look,” or “on its face,” prima facie refers to what can be presumed after the first disclosure.  
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tort   From the French word for “wrong,” a tort is a wrongful or illegal act, whether intentional or accidental, in which an injury occurs to another. An intentional tort may also be a crime, such as battery, fraud or theft.  
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Abet   The act of encouraging or inciting another to do a certain thing, such as a crime.  
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Affirmation (Solemn )   A solemn promise that has the same effect as a religious oath.  
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Appeal   To ask a more senior Court or person to review a decision of a subordinate Court or person.  
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Bad Faith   Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.  
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Battery   Intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law.  
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Bona Fide   In good faith; genuine; without fraud or deceit.  
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Constructive Dismissal   Under the employment law of some jurisdictions, judges will consider a situation where there has been a fundamental violation of the rights of an employee,  
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Felony   A serious crime for which the punishment is prison for more than a year or death. Crimes of less gravity are called misdemeanors. This term is no longer used in England or other Commonwealth countries but remains a major distinction in the United States.  
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Fraud   Deceitful conduct designed to manipulate another person to give something of value  
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Created by: charlie14
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