Law Exam 1

Statute law

• Formal written law

• Established through the introduction of a bill through parliament - undergoes process of debate - passed by legislative body

• Bill receives royal assent and becomes a statute or act

adversarial system p. 30

A legal system used in common law countries, where two opposing parties represented by lawyers present their cases before an unbiased judge / jury, who then decides the case outcome based on presented evidence.

Example:

Mary and Sue are having a dispute, so they take it to court. Mary and Sue have both hired lawyers to argue on their behalf. The judge and the jury did not know Mary and Sue before this case and will be deciding the outcome of the case based on the evidence that Mary, Sue, and their lawyers present.

assizes p. 31

Periodic court sessions held by traveling judges to hear serious criminal and civil cases. Since there were no set rules to follow, these judges relied on common sense and principles of justice.

Example:

Greta accused Charles of stealing all her family’s wealth. Once notified, an assize travels to their village to settle the dispute. This assize will listen to each individual, assess evidence, and make a decision based on their own common sense and principles of justice.

case law p. 31

A way of determining the outcome of a case through referencing recorded decisions from previous similar cases.

Example:

A cyclist receives a ticket for violating a law prohibiting bicycles on major roadways. The judge in this case interprets a major roadway to mean any road with 4 or more lanes. This decision becomes the case law, meaning judges dealing with similar cases must define a major roadway as a road with 4 or more lanes.

circuit judges p. 31

The individuals who judge in the assizes (travelling courts). Rather than using set rules (which they did not have) they relied on common sense and moral judgements.

Example:

Back to the example with Greta and Charles, the assize comes to settle the dispute. The circuit judge hears out each side and assesses the evidence. He finds all of Greta’s possessions in Charles’ home. Using common sense and moral judgement, he decides that Charles is guilty and what he did was a great misdeed, so he assigns a punishment proportionate to the crime.

Code of Hammurabi p. 21

One of the first known sets of written law, recorded by King Hammurabi of Babylon. This codified the rules for Babylonian society, outlining the rules and penalties that citizens must follow.

Example:

The code of Hammurabi covered laws from criminal law to family law, to property and professional law. One notable law outlined that a son who struck his father would have his hands cut off. Within the code of Hammurabi, it also states that a slave who denied his master should have his ear cut off, reflecting the social norms and customs at the time.

codified p. 21

To codify something means to arrange and record laws, rules or regulation into a systemic code.

Example:

The Justinian code is a famous example of codification, where Emperor Justinian of Ancient Rome organized and recorded laws for all citizens to follow. The Justinian code laid out laws in written format and the punishments of violating those laws.

common law p. 31

Common law is a law that was developed in the English courts that relies on the idea of precedents (case law). This law applies to all citizens, regardless of status.

Example:

Donoghue v. Stevenson: A woman found a rotten snail in her beverage and became ill as a result. She then sued the manufacturer and won. This set the precedent that manufactures have a responsibility to protect their customers even though no contract is in place.

According to Common Law, this precedent establishes how future judges should handle future similar cases. The idea that the decisions judges make influences how future cases are determined illustrates the basis of common law.

divine right p. 30

Divine right is the idea that monarchs get their authority from God and were only accountable to God rather than the people because of this. This gave them absolute power.

Example:

King Louis XIV of France embraced the idea of divine right. He claimed his power was given to him by God, so humans could not question him and his judgements. He centralized power and built the Palace of Versailles, putting the idea of divine right to full use.

Great Binding Law p. 34

The Great Binding Law is the oral constitution of the Haudenosaunee (Iroquois) Confederacy, which was an alliance of 6 Indigenous nations in North America. This outlined a system of governance, including a Grand Council of 50 chiefs from various nations who make decisions by consensus.

Example:

Key examples of principles under the Great Binding Law are unity and peace (symbolized by a bundle of 5 arrows), collective decision making (making decisions through discussion and unanimous agreement), accountability (Lords and Chiefs are accountable and can be removed if they violate the law) , and respect for nature and future generations.

habeas corpus p. 33

Habeas corpus is a court order created to prevent unlawful arrest. Under habeas corpus, detainees are brought before a court to determine if their confinement is lawful. Anyone arrested without explanation is allowed a court appearance within a reasonable amount of time.

Example:

Michael got arrested last night for excessive speeding. He is now entitled to appear before the court to plead his case and determine if the confinement is justified. Michael will be brought before the court soon to decide how the matter will be dealt with.

Justinian's Code p. 27

The codification of Roman laws by Emperor Justinian. This clarified and organized laws, outlining clear rules for the Romans to follow.

Example:

The Justinian Code covered many areas of Roman law, including property boundaries, where a person could take legal action to force a neighbor to remove a tree that was leaning over their property due to wind. As well, it covered women’s rights, protecting women from exploitation including those who were forced into prostitution. These law examples and many others formed the legal basis of Roman society.

Magna Carta p. 32

A 1215 royal charter of rights sealed by King John of England at Runnymede to appease rebellious barons (lowest order of the British nobility). It established the principle that the king could not be above the law, limiting royal power. This laid the foundation for concepts like due process and right to fair trial.

Example:

Under Magna Carta, if a King tried to violate the law he would not be able to do so. Examples of principles in the Magna Carta are the rule of law, fair trial, no delayed or denied justice, proportional punishments, qualified judges, property rights for all free citizens, freedom for widows, and more.

restitution p. 22

Restitution is payment to a victim of crime from their offender. This is commonly in cases of damage to property or theft but can be applied to many other cases as well.

Example:

Bob smashed one side of Billy’s car. The court ordered Bob to pay restitution to Billy for the damage to his car, meaning Bob is required to pay Billy an amount of money to cover the cost of repairs.

retribution p. 22

Retribution is a vengeance and punishment-based form of justice.

Example:

After Bob smashed Billy’s car, he was arrested and charged with vandalism, being sentenced to time in jail. This jail sentence is retribution, as it is punishment for Billy’s actions.

stare decisis p. 31

Stare decisis is a Latin phrase that means “to stand by the decision”. - COURTS ARE BOUND TO FOLLOW PRECEDENTS

Example:

Dirks v. SEC was a Supreme Court case that established the legal precedent for when an individual could be convicted of insider trading. It established the personal benefit test for determining liability in insider trading cases. This test has been applied in similar cases from then on to determine when someone could be convicted of insider trading.

administrative law p. 51

Body of law that governs the activities of government departments and their relationship between people. It’s in charge of making sure the executive branch of government acts fairly, reasonably, and within their scope of authority, enforcing the rule of law.

Example:

Rob works at a construction site, and due to machine malfunction, he injures his leg severely. Rob then goes to the Workers’ Compensation Board, a department of administrative law that handles cases like Rob’s.

domestic law p. 48

The laws that govern behaviour of individuals, corporations, and governmental entities within the borders of a country.

Example:

Domestic law includes many parts of law, including criminal law, civil law, family law, domestic violence law, traffic laws, employment laws, and much more. These laws outline the specific regulations using statute and case law that apply to that specific nation.

bylaws p. 44

Laws passed by municipal governments dealing specifically with local matters.

Example:

The municipal government has passed a bylaw stating that garbage must be collected once a week on a specific day dependent on neighbourhoods.

employment law p. 57

A branch of civil law that oversees governing employer & employees.

Example:

Under employment law, an employer is required to provide an employee with written notice when terminating their employment. This law is meant to govern the employer & employee relationship by making sure terminating practices are fair.

civil law p. 53

Civil law covers areas of law that govern legal relationships between individuals and organizations.

Example:

A couple is getting divorced and dividing property as well as establishing child support. This falls under civil law as it is governing the legal relationship between two individuals, in this case the mother and father, and the property and money they’re legally required to organize.

constitutional law p. 45

Constitutional law is the body of law that outlines the distribution and exercise of government powers.

Example:

One part of the constitution outlines the right to equality, meaning laws apply equally to all citizens and there should be no discrimination on the basis of sex, race, religion, etc. If a law, individual, or organization were to violate that, they would be held legally responsible under constitutional law.

estate law p. 55       

Estate law is a branch of civil law that controls property distribution and division after an individual’s death.

Example:

Samuel’s grandmother passes away.  She left her Miami beach house to him in her will. Under estate law, an executor will carry out her wishes and make sure Samuel receives the property.

contract law p. 55

Contract law provides rules for agreements between people and businesses.

Example:

Bob purchases a premium in his insurance policy in exchange for the company’s promise to cover certain costs if an accident happens. This is a contract, falling under contract law.

family law p. 55

Family law is a branch of civil law that covers parts of family life, such as marriage, property division upon separation, custody, and divorce.

Example:

Bob found out about Sue’s secret affair, so he wants to divorce her. Bob and Sue go to court to settle how they will divide their assets, including their joint bank account, property, etc. This situation would fall under family law, and they might each find a lawyer that specializes in the practice of family law.

criminal law p. 52

Criminal law is a type of law that identifies what counts as a crime and assigns punishments to the crimes.

Example:

Criminal law identifies murder as a crime. Under Canadian criminal law, the punishment for first degree murder is a minimum of 25 years in prison without parole.

international law p. 46

International law is the law that governs relationships between independent countries.

Example:

Under international law, the Geneva convention has banned the use of chemical weapons in warfare through the 1925 Geneva Protocol. This governs what independent countries can do when engaging with other nations.

diplomatic immunity p. 46  

Diplomatic immunity grants foreign diplomats and their missions protection from the host country’s laws, which allows them to perform official duties without fear of prosecution.

Example:

Mr. Jones is a diplomat representing the United States, arriving in North Korea. With diplomatic immunity, the Korean government and law enforcement cannot arrest him, even if he violates certain laws.

jurisdiction p. 43

Jurisdiction is the political or legal authority of a court, government, or official body to enforce laws, make judgements, and pass laws.

Example:

A municipal court has authority over traffic tickets within city limits. However, it would not have authority over traffic tickets outside of its jurisdiction.

distinguishing a case p. 42

Distinguishing a case means showing how the facts or circumstances of a new case are different enough from a previous binding precedent that the old rule shouldn’t apply. This allows a court to reach a different outcome without overturning the original decision.

Example:

A dog bit a postal worker who was delivering mail to the front door. The postal worker was on the public sidewalk walking to the door. The court ruled that a homeowner is liable for injuries caused by their pet if the injured person was on public property.

A neighbour had climbed over a locked fence into an owner’s backyard and was bit by their dog. It is determined that the first case should not apply and the homeowner should not be liable because it involves a trespasser in a private area.

private law p. 53

Private law is essentially the same as civil law, in charge of relationships between private individuals and organizations.

Example:

Tommy hires a photographer for his wedding but ignores the photographer when he asks for the rest of his payment. The photographer then sues Tommy for non-payment of the invoice, which falls under private law.

procedural law p. 50

Procedural law is law that prescribes how the rights and obligations of substantive law are enforced.

Example:

One example of procedural law is Miranda rights, which means a police officer must ensure suspects know that they have the right to remain silent, anything said can be used in court, and their right to an attorney. This defines the procedure by which substantive law (criminal law in this case) is carried out.

property law p. 57

Property law is the branch of civil law that governs ownership, use, and transfer of resources like land and personal belongings.

Example:

When buying or selling a house, property law will outline the rules regarding deeds, title transfers, and property lines.

public law p. 50

Public law is law that governs relationships between individuals and the state.            

Example:

One key example is constitutional law, which defines the structure of government and fundamental rights (e.g. Free speech) . This defines the extent of which the government can interfere with personal agency and the freedoms that citizens have.

statute law p. 43

Statute law refers to formal written laws passed by a legislative body, which after approval becomes an act (or statute). This declares, commands, or prohibits actions.

Example:

One example of statute law is the Canada Elections Act, which regulates the election of members of parliament to the House of Commons of Canada.

substantive law p. 50

Substantive law is law that defines the duties, obligations, and rights of government and citizens.

Example:

One example of substantive law is the Criminal Code of Canada, which lists various crimes such as theft, murder. This code defines the rights, duties, and obligations of citizens, while also outlining the government’s role.

tort law p. 53

Under civil / private law, holding people or private organizations accountable for damage / injury they inflict due to purposeful or accidental action.

Example:

Sue, an elderly woman, is shopping at Walmart and slips on a wet surface from previous mopping. This fall causes a bone fracture. Sue sues Walmart for causing her injury. Under tort law, Sue is allowed to sue Walmart for the injury caused by accidental action from the Walmart employee.

Amending Formula 73

The amending formula refers to constitutional rules & procedure for changing the constitution.

Example:

According to Canada’s general amending formula, at least two thirds (seven provinces) that together representing 50% of the population must agree to any changes.

Bill 78

A bill is a proposed law that goes through a specific legislative process in Parliament.

Example:

Bill C-14 in 2025 introduced changes to criminal law to address violent and repeat offenders, imposing a reverse onus (accused must prove why they should not be detained) for certain violent offences like choking.

Civil Liberties 71

Fundamental rights and freedoms that protect individuals from government interference, ensuring personal autonomy and participation in a democracy.

Example:

Freedom of expression is a civil liberty, allowing people to speak, write, and protest ideas regardless of its popularity.

Executive Branch 76

The part of government that enforces and implements laws passed by the legislature, headed by a President or Prime Minister.

Example:

In Canada, the Prime Minister, Cabinet, and Public Service make up the executive branch and implement government policy and execute decisions made by the legislative branch.

Federal System 67    

A federal system is a form of government with two levels, a central and provincial government. Each level has exclusive control over its own jurisdictions, although the central government could overrule a provincial law if needed.

Example:

Canada is an example of a federal system, where it is separated by the central (federal) government headed by the Prime Minister, and the provincial government headed by the Premier.

Government or public bill 78

A government or public bill is legislation proposed by a cabinet minister.

Example:

Bill C-2 introduced by the Prime Minister and Public Safety Minister in 2025 aimed to enhance border security and combat organized crime and money laundering. One thing it did was allow agencies like the Canada Border Services Agency to access digital data to fight online criminals.

Intra vires 69

Intra vires means a legislation is within the power/jurisdiction of government to pass laws.

Example:

A provincial law regulating local property use would be intra vires as it is within provincial jurisdiction.

Judiciary 77

The Judiciary is the branch of government responsible for presiding over the court system, responsible for interpreting and applying a country’s laws in particular cases.

Example:

One example of a judiciary is The Supreme court of Canada, which serves as the final court of appeal for all legal issues in the country.

Legislative branch 76

The part of government responsible for making laws, raising taxes, and overseeing government spending, made up of elected representatives in a parliament or congress.

Example:

In Canada, Parliament, composed of the chambers of Senate and House of Commons, oversees creating, debating, and passing laws.  Elected officials within Parliament introduce bills, amend them, and vote on them to become law.

Lobby groups 80

Lobby groups are organizations of individuals or corporations that try to influence government policy and decisions to support their specific interests.

Example:

MADD (Mothers Against Drunk Driving) is an example of a lobby group who advocates to end drunk and drugged driving through working with governments to strengthen related laws and policies.

Patriate 72

Patriation is the process of transferring a country’s constitution from the authority of the former colonial power to full domestic control, allowing that nation to amend its own fundamental laws.

Example:

Patriation transferred power from the UK parliament to Canada, bringing the constitution home and allowing Canada to amend its own constitution.

Principle of equalization 72

The principle of equalization is a Canadian federal policy in Section 36 of the Constitution act, providing equal access to social services. This is done by collecting taxes from richer provinces to redistribute to the provinces who do not have as much.

Example:

Under the principle of equalization, a province like Newfoundland and Labrador might receive payments because its resources revenues are below average, bringing its capacity up so it doesn’t need extremely high taxes for basic services.

Private member’s bill 78

A private member’s bill is legislation proposed by a Member of Parliament who is not a government minister.

Example:

Bill C-204 (now the Non-smokers’ health act) was introduced as a private members bill by Lynne McDonald (an NDP MP who was not in the cabinet), which regulated smoking in the workplace.

Residual powers 69

Residual powers are the federal responsibility over matters that are not explicitly assigned to the provinces.

Example:

One example of residual powers is the management of marine pollution, which was not specified for provinces, so the responsibility fell under federal jurisdiction.

Statute of Westminster 69

The Statue of Westminster was legislation passed in Britain that extended Canada’s law-making powers.

Example:

The statute of Westminster specifically brought two constitutional changes, giving Canada the authority to make laws independent of Britain, and allowing Canada to make agreements with other countries.

Ultra vires 69

Ultra vires means a legislation is not within the power/jurisdiction of government to pass laws.

Example:

Attempting to regulate federal elections would be ultra vires for provincial government as it is outside the jurisdiction of the provincial government.

Unitary system 66

A unitary system is a one level system of government where central authority holds supreme power and makes all key decisions.

Example:

Japan operates under a unitary system, where the national government holds supreme power with executive authority given to the cabinet and Prime Minister. Local entities like prefectures have authority given to them by the center, not inherent rights. This allows Japan’s central government to set national laws, control administration, and manage finances, which guarantees uniformity in public services across the nation.

Abetting 174

Abetting means to encourage, instigate, or assist someone in committing a crime or wrongful act. It is a criminal offence that involves supporting the principal offender through encouragement or providing help.

Example:

5 robbers steal a large sum from a bank. A former security guard who no longer works at the bank tells them about their alarm system flaw, making him an abettor.

Aiding 174

Aiding is a criminal offence meaning intentionally helping or assisting someone commit a crime.

Example:

A woman knows her friend has threatened to kill his business partner and sells him an unregistered gun knowing what it would potentially be used for. By providing the means to commit the crime, she has aided him.

Absolute liability offences 171

Absolute liability offences are offences that do not require mens rea (intent or guilty mind), and the prosecution only needs to prove the prohibited act occurred.

Example:

John drives 60km/hr in a school zone. The prosecution does not need to prove mens rea, only that the act of him speeding happened.

Due diligence 171

Due diligence is the defence that the accused took every reasonable precaution to avoid committing a certain offence. It is the investigation or exercise of care that a reasonable business / person is expected to take before entering into an agreement or contract with another party.

Example:

A store clerk sells alcohol to a minor using a fake id. The clerk’s due diligence defence was that he asked for ID, the ID appeared legitimate, and he followed store policy for ID checks. This means the clerk can argue he took all reasonable steps to verify age.

Accessory after the fact 175

An accessory after the fact is someone who helps a perpetrator avoid capture or prosecution by receiving, comforting, or assisting them to escape from law authorities knowing that they violated the law.

Example:

Liam commits an armed bank robbery and flees to his sister’s house. He tells her he robbed a bank, and she lets him hide in her house for a week and lies to the police when they question her.

Actus reus 164

Actus reus refers to the guilty act, meaning the voluntary action, omission, or state of being that is forbidden by the Criminal code.

Example:

A man punches another person in the face, breaking their nose. The voluntary action of him throwing the punch is the actus reus.

Attempt 176

An attempt is the intention to commit a crime, even if the crime wasn’t executed. They must take a substantial step towards committing the crime, moving beyond preparation.

Example:

Susan intends to kill someone, buys a gun, tracks that person’s routine, drives to their house, and takes aim through the window but before she can fire a police car appears and she flees.

Conspiracy 177

Conspiracy is an agreement between 2 or more individuals to carry out an act against the law, even if the act doesn’t occur.

Example:

Ava and Maria are plotting to kill their boss. They search online for a hitman, contacting him and explaining their intentions. The hitman ended up being an undercover law enforcement agent. They are charged with conspiracy for planning to kill their boss.

Counseling 175

Counseling involves recommending, advising, or persuading someone else to break the law.

Example:

Coraline persuades Nancy into committing a large bank heist, giving her tips and tricks and information to help her succeed. Coraline commits the criminal offence of counselling.

Criminal negligence 168

Violent and reckless disregard for the safety and lives of other individuals, which can often cause serious injury or death.

Example:

Curtis drives under the influence of alcohol with other people in the car, exceeding the speed limit causing the death of his passengers and the individuals in the car he collides with, demonstrating criminal negligence.

General intent 166

The desire to commit a wrongful act, without a purpose or an ulterior motive.

Example:

Bob punches Sally simply because he is angry. Bob had the general intent to commit assault.

Specific intent 166

The desire to commit one wrongful act for the sake of accomplishing another, doing the prohibited act but also having a precise ulterior motive requiring a more complex mental state.

Example:

Bob punches Sally with the intent of stealing her wallet, he has committed an assault to accomplish a theft. This shows specific intent.

Intent 166

A state of mind in which someone desires to carry out a wrongful action. They know what the results will be and are reckless in the face of consequences.

Example:

Curtis kills his friend intentionally, knowing full well the legal implications with blatant disregard for potential consequences.

Knowledge 168

Knowledge means someone has an awareness of certain facts that can be used to establish mens rea.

Example:

Alex drives his friend’s car across the border. Packages of cocaine are found in his trunk. The court needs to prove that Alex had knowledge of the situation to declare him guilty.

Recklessness 168

Recklessness means to consciously take an unjustifiable risk that anyone reasonable would not take.

Example: 

Bob requires prescription glasses to drive properly yet drives anyways leading to an accident. 

Liability 170

Liability is legal responsibility for a wrongful action.

Example:

If you run a red light and crash into another car causing injuries to the other driver, you are liable for their medical bills and car repairs.

Regulatory laws 170

Regulatory laws are federal or provincial statutes meant to protect the public welfare.

Example:

One example of a regulatory law is the clean water act, which regulates discharges of pollutants into U.S. waters.

Strict liability offence 170

Strict liability offences are offences that do not require mens rea, meaning you are guilty just by committing the prohibited act.

Example:

Sue drives 50km/hr over the speed limit and hits a pedestrian, injuring him gravely. Even if she did not have intent to injure him, she is still guilty.

Mens rea 166

A deliberate intention to commit a wrongful act and a blameworthy mental state (like intent, knowledge, or recklessness) when committing the criminal act.

Example:

An angry man loads a pistol and aims it carefully at his rival’s head, pulling the trigger with intent to kill him. The man purposefully caused his death, meaning his mens rea is clear intent.

Parties to an offence 174

Parties to an offence are the individuals indirectly involved in committing a crime that may be partly responsible.

Example:

Blake drives the getaway car for an armed robbery, waiting outside the location. He is a party to the offence.

Party to common intention 175

A party to common intention is the shared responsibility among criminals for any additional offences that are committed during the crime they originally intended to commit.

Example:

A group of robbers break and enter a house to steal. One robber commits property destruction. The other robes will also be guilty of this crime if they knew our should have known that property destruction would be a likely by product of the stealing.

Perpetrator 173

A perpetrator is the individual who commits the crime, carrying out a harmful, illegal, or immoral act.

Example: 

Sue murders a family of 5. She is the perpetrator of the crime of murder.

Quasi-criminal laws 163

Quasi-criminal laws are laws that cover less severe offences at the provincial or municipal level. These are often punished via fines.

Example:

You run a stop sign, and the police catches you. He issues you a fine. This offence and the corresponding punishment would be outlined in a quasi-criminal law.

Wilful blindness 169

Wilful blindness means intentionally avoiding knowledge of a fact or wrongdoing even if suspicions are strong, and a deliberate closing of one’s mind to the possible consequences of one’s actions.

Example:

Robert is paid $100 to drop off a suspicious package to a remote location. Robert knows the contents of the package are likely illegal, but he chooses to ignore that idea and proceeds anyway.

4 existing conditions for crime

1. Actus Reus, the physical component of the crime involving a voluntary action of failure to act when there is a legal duty to do so.

2. Mens Rea, which is the mental state or intent to commit the act.

3. concurrence, meaning the guilty act and guilty mind happen at the same time.

4. causation, meaning the defendant’s actions must have directly caused the resulting harm.

How were federal and provincial jurisdictions established?

• jurisdictions established by the Constitution Act of 1867

• parliament gets exclusive power to make criminal law

• provinces manage the administration of justice

appellant p. 276

The appellant is the party that files an appeal, a formal request to a higher court or authority to review and potentially change a decision made by a lower court or official.

Example:

 A trial judge rules against a business owner (plaintiff) in a contract dispute, saying a contract was not breached. The business owner, now appellant, appeals the decision to the court of appeal. He states that the trial judge misinterpreted a contract clause leading to incorrect conclusion.

 

arraignment p. 264         

Arraignment is a formal court hearing where a defendant is officially informed of the criminal charges against them, their name is confirmed, and they are asked to enter a plea, usually “guilty” or “not guilty”.

 

Example:

 

The accused, John, is present in the courtroom with his defence counsel. The crown prosecutor and judge are present. The charge should be read however it is often waived. The judge will address John and ask if he pleas guilty or not guilty.

bailiff p. 263

A bailiff is the court official who assists the sheriff, enforcing court orders.

 

Steven the bailiff checks the courtroom for security before court, calls out to the room when the judge enters, and manages court harmony. He also manages the jury ensuring no one communicates with them.

bugging p. 271

Bugging means to record a speaker’s oral communication by using an electronic device.

 

Example:

 

John bugged Serena’s car through an audio recording device in her car.

challenge for cause p. 265

Challenge for cause is the right of the Crown or defence to exclude someone from a jury for a particular reason.

Example:

 

Tanya, the juror, is questioned by the prosecutor. Tanya admits having followed the case closely, already forming her own strong opinions. The judge rules to grant the challenge for a cause, excusing the juror due to potential biases that may impact her judgement.

circumstantial evidence p. 270

Circumstantial evidence is indirect evidence leading to a reasonable inference of the defendant’s guilt.

 

Example:

 

John assaults Cynthia and takes her wallet, however there are no eyewitnesses to the act. The investigating officer found her wallet in a nearby park covered with John’s fingerprints, along with a witness testimony that John was in the area at the time of crime.

court clerk p. 262

The court clerk is an administrative officer of the court who manages the courtroom’s official record-keeping and procedural flow during trials and hearings, assisting the judge. They ensure smooth court operations according to legal form.

 

Mr. Tim is a court clerk. During a criminal trial for theft, he swears in the witnesses, calls the case, manages exhibits (labelling and securing physical evidence), and acts as an information liaison for those in the room.

court of appeal p. 258

A court of appeal is a higher court that reviews decisions made by lower trial courts, determining if legal errors were made.

 

Example:

 

Alex was convicted at trial for burglary, and his lawyer argued the judge made a legal error by allowing illegal evidence. Alex’s lawyer appeals the conviction to the court of appeal, and they decide to uphold the conviction or overturn the conviction and order a new trial.

court reporter p. 262

A court reporter is a professional who creates a word for word written transcript of everything said during court.

Example:

 

Sally, the court reporter in a civil lawsuit types every question, answer, objection, and ruling on a stenotype machine, translating keystrokes into readable text, producing a transcript. She will often be asked to read back a piece of testimony.

Crown counsel (or prosecutor) p. 262 

A crown counsel or prosecutor is the lawyer who represent the state or government in a criminal case. Their duty is to seek justice by proving the defendant’s guilt beyond a reasonable doubt based on the law and evidence, acting on behalf of society.

 

Example:

 

After a police investigation into an armed robbery, the case file is sent to the crown prosecutor’s office. He reviews the evidence to decide if there’s reasonable prospect of conviction and if prosecution is in the public interest. In court, he presents the state’s case, calling police and civilian witnesses.

defence counsel p. 262

The defence counsel is the lawyer who represents the accused person (defendant) in a criminal case. They advocate for their client, protecting their legal rights and challenging the prosecution’s case.

 

Example:

 

Maria is charged with assault. Her defence counsel advises her of her rights, investigates the case, cross examines the crown’s witnesses, presents a defence, and makes legal arguments.

duty counsel p. 262

A duty counsel is a lawyer who offers free, immediate legal advice and representation to people in custody or before the court, only for that day. They assist people who don’t have their own lawyer yet.

 

Example:

Curtis is arrested on Friday night and held in custody. His first court appearance is Monday, and he has not yet hired a lawyer, so the judge asks him if he wants to speak to a duty counsel. The duty counsel explains the charges, bail process, and his rights. The duty counsel then represents David at the bail hearing, arguing to the judge and speaking on his behalf.

hearsay evidence p. 269

Hearsay evidence is an out of court statement offered in court to prove the truth of what the statement asserts. It’s generally inadmissible because the original speaker is not under oath and can’t be cross examined however there are exceptions.

 

Example:

 

The crown calls Tom, a witness. Tom says his friend Magaret told him she saw the defendant steal the laptop. Tom offered Maragret’s out of court statement to prove te defendant stole the laptop, however she is not here to be cross examined.

Justice of the Peace p. 261

Justice of the Peace is a judicial offer with limited authority to perform specific lower-level legal functions. They are not judges, but preside over less serious matters, often to streamline court processes. They handle administrative hearings, issue warrants, and preside over minor offences.

 

Example:

 

Jim, a justice of the peace might issue search warrants or arrest warrants, preside over provincial offence hearings, conduct bail hearings for less serious offences and administer oaths.

peremptory challenge p. 265

A peremptory challenge is the right of the prosecution or defence to reject a potential juror without any given reason during jury selection. Each side has a limited number of these challenges. Their use is now abolished or restricted in Canada due to discrimination concerns.

 

Example:

 

A peremptory challenge is like a veto card. A potential juror is question, giving no clear sign of bias. The defence attorney, based on an unstated reason peremptorily challenges that juror, dismissing him.

preliminary hearing p. 256

A preliminary hearing is a pre-trial hearing held in provincial court for serious offences. Its purpose is for a judge to assess whether the crown has enough evidence to justify sending the case to a higher court for a full trial.

Example:

 

Leo is charged with armed robbery, an indictable (serious) offence. He elects to have a preliminary hearing, where the crown calls its key witnesses, the defence counsel cross examines them, and the judge decides if there’s evidence upon which a properly instructed jury could convict.

provincial court p. 255

The entry level and busiest court, handling most cases, including pretty much all serious criminal matters, family law (except divorce), small claims, traffic offences, preliminary hearings and youth court.

 

Example:

 

Under the circumstance where Jacob is charged with theft under $5000, assault, bail hearings, child protection matters, small claims lawsuits, violating a municipal bylaw, and more, he would go to a provincial court.

rebut p. 268

To offer evidence to counter, disprove, or contradict evidence presented by the opposing side. Rebuttal evidence is presented after the other side has made its case, specifically to respond to new issues raised.

 

Example:

 

The plaintiff argues the defendant failed to deliver goods by the contract deadline. The defendant presents its case, calling a witness who testifies, we couldn’t deliver because the plaintiff changed the shipping address at the last minute. In rebuttal, the plaintiff’s lawyer called the plaintiff’s logistics manager, who testifies that they never changed the address, which is a rebuttal.

subpoena p. 263

 A subpoena is a court order that commands a person to appear in court at a specific time and place to give testimony as a witness.

 

Example:

 

In a car accident-related lawsuit, the plaintiff’s lawyer needs testimony from a mechanic who inspected both vehicles. The mechanic didn’t want to get involved, but the lawyer obtained a subpoena from the court clerk commanding the mechanic to appear at the trial. The subpoena is served to the mechanic, and he is now legally obligated to appear.

superior court of the province p. 257

The highest trial court at the provincial level, having inherent jurisdiction, meaning it can hear any matter not specifically assigned to another court. It handles the most serious criminal, civil, and family cases, and is the only court where jury trials are held for serious offences.

 

If Ben was charged with murder, major drug trafficking, sexual assault, a large lawsuit, divorce proceeding, and more, he could go to the superior court of the province, which in British Columbia would be the Supreme Court of British Columbia.