Comprehensive Legal Studies: Intro, Human Rights, Criminal, and Civil Law

These vocabulary flashcards cover foundational legal concepts, human rights protections, criminal law procedures, and civil litigation principles based on the provided lecture notes.

Rule of law

The influence of law on a society where all members must follow the same set of rules to remain peaceful and just.

Establish rules of Conduct

One of the $5$ functions of law, providing standards such as traffic laws.

Provide a system of Enforcement

One of the $5$ functions of law, such as being fined for breaking a law like speeding.

Constitutional Law

A source of law that limits the powers of the government.

Statute Law

Law created by elected officials and judges.

Common Law

Law based on previous legal decisions.

Precedent

The rule that courts must follow previous judicial decisions when dealing with similar cases to ensure the law remains predictable and consistent.

Royal Assent

The stage where the Governor General of Canada approves a bill, making it an Act of Parliament.

Amendment formula

Requires approval from the House of Commons, the Senate, and at least $7$ provinces representing $50\%$ or more of Canada's population.

Constitution Act, 1867

Formerly the British North America Act; it establishes Canada's system of government and divides powers between federal and provincial governments.

Constitution Act, 1982

Includes the Canadian Charter of Rights and Freedoms, Indigenous rights, and constitutional amendment formulas.

Oakes Test - Onus of proof

The requirement for the government to show that a law limiting a Charter right is reasonable and justified under Section $1$ of the Charter.

Bona fide requirement

A rule or qualification that is genuinely necessary to do a job or participate in an activity.

Injunction

A court order requiring someone to do something or stop doing something to prevent harm or protect rights.

Harassment

Unwelcome conduct based on a protected ground that is repeated or serious enough to affect a person's dignity or safety.

Direct Evidence

Evidence that directly proves a fact, such as eyewitness testimony.

Circumstantial Evidence

Evidence that indirectly suggests a fact, such as fingerprints found at a crime scene.

Admissible Evidence

Evidence that is relevant, reliable, and obtained legally.

Affidavit

A written statement of facts sworn or affirmed to be true before an authorized official.

Discovery Process

A pre-trial stage in civil cases where sides exchange documents and question parties under oath.

Polygraph

A lie detector test generally not admissible in Canadian criminal courts due to lack of reliability.

Hearsay

A statement made outside court presented to prove the truth of what was said; usually inadmissible.

Arraignment

The court process where the accused enters a plea.

Perjury

Knowingly giving false testimony while under oath or affirmation.

Beyond reasonable doubt

The highest standard of proof in Canadian law, requiring the judge or jury to be almost certain of guilt.

Youth Criminal Justice Act (2002)

Law applying to youth aged $12$ to $17$ that focuses on rehabilitation and accountability.

Summary Conviction Offences

Less serious crimes with a faster court process and lower penalties.

Indictable Offences

More serious crimes with greater penalties and more complex procedures.

Hybrid Offences

Offences where the Crown chooses whether to proceed summarily or by indictment.

Actus Reus

The guilty act; the physical act of committing the offence.

Mens Rea

The guilty mind or mental intent, which can take the form of intent, knowledge, or recklessness.

Manslaughter

An unlawful killing without the intent to kill.

Aggravated Assault

Assault causing serious bodily harm, wounding, maiming, or endangering life.

Omission

Failing to do something required by law when there is a legal duty to act.

Trilogy Cases

Three $1978$ Supreme Court cases (Andrews, Arnold, and Thornton) used to set guidelines for non-pecuniary damages in personal injury cases.

Plaintiff

The party initiating a lawsuit in civil law.

Defendant

The party being sued in civil law or the accused in criminal law.

Liability

The civil law equivalent of 'guilt' in criminal law.

Balance of Probabilities

The standard of proof in civil cases, meaning the event was more likely than not (greater than $50\%$).

General Damages

Compensation for non-financial losses that are hard to measure, such as pain and suffering.

Special Damages

Compensation for specific, calculable financial losses like medical bills or lost wages.

Punitive Damages

Money awarded to punish the defendant for very bad behaviour and to discourage others.

Arbitration

A form of ADR where a neutral third party hears both sides and makes a usually binding decision.

Default Judgment

A judgment granted because the defendant failed to respond or appear in court.

Pecuniary Damages

Financial losses that can be calculated, such as lost wages or property damage.

Contingency fees

A payment arrangement where a lawyer is paid a percentage of the money won in a case.

Garnishment

A court order allowing money to be taken directly from wages or bank accounts to repay a debt.

Negligence

An unintentional tort where harm is caused by carelessness; requires duty of care, breach, and resulting damage.

Duty of care

A legal responsibility to act in a way that avoids causing foreseeable harm to others.

Reasonable person

A legal test asking what a careful, sensible, ordinary person would have done in the same situation.

But for test

A test used to determine causation: 'But for the defendant's actions, would the harm have happened?'

Foreseeability

Whether a reasonable person could predict that their actions might cause harm.