Administrative Law, Criminal Law, and Family Law Review

These flashcards cover key concepts and definitions related to administrative law, criminal law, tort law, and family law.

Administrative law

Controls how government decision-makers act, including tribunals, boards, and agencies created by statute.

Tribunal

A government body that makes decisions outside of courts.

Jurisdiction

Legal power to decide.

Intra vires

Acting within one's legal power.

Ultra vires

Acting outside one's legal power, resulting in an invalid decision.

Discretion

The ability to choose between options; must be exercised in good faith.

Procedural fairness

The requirement that processes are fair, including notice and the right to be heard.

Bias

Exists when a decision-maker is not neutral or appears unfair.

Legitimate expectations

Government promises must be followed regarding procedures.

Judicial review

Court review of a decision to ensure legality and fairness.

Actus reus

The guilty act; the physical part of an offence, including conduct and consequences.

Mens rea

The guilty mind; the mental state of the accused at the time of the offence.

Subjective mens rea

Focuses on what the accused actually thought.

Objective mens rea

Focuses on what a reasonable person would have known.

Causation

Connects the act to the harm; includes the 'but for' test.

Thin skull rule

The accused takes the victim as they find them; responsible for unexpected harm.

Strict liability offences

Offences that allow a due diligence defence.

Charter rights

Rights that apply to government action only, not private individuals.

Negligence

Failing to act as a reasonable person would, causing harm.

Duty of care

Legal obligation to avoid causing harm to others.

Vicarious liability

An employer can be held responsible for an employee's actions.

Family law

Governs relationships and responsibilities, focusing on the best interests of the child.

Causation in tort law

The requirement that the defendant's actions must cause the harm.

Legal reasoning

Involves identifying the issue, stating the rule, applying it, and reaching a conclusion.