Law Exam Definitions

definitions

by laws

laws dealing with local issues

mens rea

guilty mind, doing something that you know is wrong

actus reus

guilty act, a physical action involved in the commitment of a crime, must be voluntary not forced

subpoena

a court order that requires the witness to appear in court on a certain date to give evidence

direct evidence

a testimony given by a witness to prove an alleged fact, an eyewitness account

stare decisis

a latin phrase meaning to stand by the decision

chain of custody

the witnessed written record of all the people who had control over the items of evidence, must show; who had contact, date and time handled, and what changes were made if any

conspiracy

an agreement between two people to perform an illegal act

plaintiff

the person suing

balance of probabilities

the judge decides which case is more convincing

incomplete crimes

attempt; when a person is unsuccessful in the commission of a crime

conspiracy; an agreement between to people to commit an illegal act

non-insane automation

caused by external factors such as a concussions, sleep walking/night terrors

procedural law

the steps involved in protecting the rights, duties and responsibilities given under substantive law to ensure all citizens are treated fairly

peremptory challenge

to have no reasons for eliminating the juror

restitution

the act of restoring to the rightful owner something that has been taken away lost or surrendered

alibi

a defence raised by the accused claiming that he or she was somewhere else when the offence was committed

jurisdiction

the political or legal authority to pass and enforce laws or the judicial authority to decide a case

recidivism

returning to crime after being released from prison

particulars

the specific details of a claim in a civil action

mistake of fact

a defence that the accused made an honest mistake that led to the breaking of the law

mediation

a process in which a neutral third party gets involved to bring opposing parties to an agreement

hung jury

a jury that cannot reach a unanimous verdict, dismissed from the case

indictable offence

a serious crime that carries a heavier penalty than a summary conviction offence

suspended sentence

a judgement that is not carried out, provided certain requirements set out by the judge are met

binding over

a sentence ordering a defendant to keep the peace and demonstrate good behaviour for up to 12 months

entrapment

a defence against police conduct that illegally induces the defendant to commit a criminal act