law exam

Code of Hammurabi

The first written laws, based on the principle of retribution ('an eye for an eye').

Justinian Code

A simplification and codification of Roman laws that influenced European legal systems.

Greek Law

Introduced principles of democracy and trial by jury.

English Common Law

A legal system based on precedent that significantly influenced Canadian law.

Rule of Law

The principle that no one is above the law and that everyone is subject to the same laws.

Constitutional Law

The supreme law of the land, including the Canadian Constitution and the Charter of Rights and Freedoms.

Statute Law

Written laws passed by legislatures, such as the Criminal Code.

Common Law

Judge-made law that is based on legal precedents.

Habeas Corpus

A legal action that ensures a person cannot be detained without lawful justification.

Family Law

A category of law that deals with relationships, custody, marriage, etc.

Procedural Law

Law that governs the legal processes.

Public Law

Law that governs relationships between individuals and the state.

Administrative Law

Regulations that govern government actions.

Reasonable Limits Clause

Section 1 of the Charter that allows rights and freedoms to be limited if justified in a free and democratic society.

Charter Rights

Rights provided under Canada's Charter of Rights and Freedoms, including fundamental freedoms and democratic rights.

Stereotyping

Oversimplified beliefs about a group.

Prejudice

Preconceived opinions not based on reason.

Undue Hardship

Significant difficulty or expense in accommodating needs.

Poisoned Environment

A workplace made hostile due to discrimination.

Bona Fide Occupational Requirement (BFOR)

Legal discrimination necessary for job performance.

Actus Reus

The guilty act that constitutes a crime.

Mens Rea

The guilty mind or intention of committing a crime.

Negligence

Failure to meet a standard of care that results in harm.

Recklessness

Disregarding possible risks that could cause harm.

Willful Blindness

Deliberately ignoring the truth.

Perpetrator

The main offender in a crime.

Aiding and Abetting

Helping or encouraging someone to commit a crime.

Counselling

Advising someone to commit a crime.

Accessory After the Fact

Assisting a criminal after the crime has been committed.

Common Intention

Shared responsibility among a group for the outcomes of a crime.

Homicide

The act of killing; categorized into culpable (murder, manslaughter) and non-culpable (accidental death).

Possession

The control of prohibited items.

Hybrid Offenses

Crimes that can be prosecuted either summarily or as indictable.

Crime Scene

The area established as a perimeter to prevent contamination during a criminal investigation.

Burden of Proof

The obligation on the Crown to prove the case beyond a reasonable doubt.

Jurisdiction

The authority of a court to hear a particular case.

Summary Offense

Less serious criminal offenses that carry shorter sentences.

Indictable Offense

More serious crimes that carry harsher penalties.

Voir Dire

A trial within a trial to determine the admissibility of evidence.

substantive law

refers to the set of laws that govern how members of a society are to behave.

Culpable Homicide

A killing for which the offender is legally responsible. Includes murder, manslaughter, and infanticide.

Non-Culpable Homicide

A killing that is not the offender’s fault, such as accidental death or self-defense.

First-Degree Murder

Planned and deliberate killing.

Second-Degree Murder

• Intentional killing that is not premeditated.

Manslaughter

• A culpable homicide that is committed without the intent to kill.

Infanticide

• The killing of a newborn child by the mother when her mental state is affected by child birth or postpartum

Recognizance

A formal agreement to be responsible for someone's appearance in court, usually involving a sum of money.

Bail

The temporary release of an accused person awaiting trial, typically on condition of a sum of money being lodged to ensure their appearance in court.

Pre-trial Motions

Requests made to the court before a trial begins, seeking to resolve specific issues or obtain rulings on legal matters.

Challenge for Cause

A request to disqualify a juror from serving on a jury due to a specific reason that may affect their impartiality.

Entrapment

Induced by police to commit a crime.

Double Jeopardy

Cannot be tried for the same offense twice.

Warrant

Court order for search or arrest.

Automatism

A state of involuntary action where a person performs a task without conscious control, often used as a defense in criminal law.

Mental Disorder

Conditions that can impair an individual's understanding of their actions, potentially affecting criminal responsibility.

Justifications

Legal defenses that may include self-defense (protection against harm), duress (coerced actions), and necessity (acting to prevent harm).

Challenge for Cause

A specific reason to disqualify a juror based on potential bias or conflict of interest.

Preemptory Challenge

A juror can be dismissed without reason, limited in number by law.

Burden of Proof

The obligation of the Crown to prove the defendant's guilt beyond a reasonable doubt.

Objection: Relevance

Questioning the relevance of evidence presented in court.

Objection: Leading Questions

Questions that suggest their own answer during witness examination.

Objection: Hearsay

Testimony that reports what another person said outside of court, not admissible as evidence.

Physical Evidence

Any tangible item that can be used to prove or disprove facts in a legal case, such as fingerprints or DNA.

Impression Evidence

Marks left by an object that can be analyzed to identify the object, like footprints or tire treads.

Rights Upon Arrest

Individuals have the right to be informed of the charges against them and to access legal counsel.