Studied by 10 peopleby 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
Note 
Flashcard (187)