Grade 11 Law Exam

Bill

a proposed law

Case Law

recorded decisions of judges

Citation

lists basic facts in legal case

Civil Law

another name for private law

Code of Hammurabi

earliest form of written law

Common Law

system of law from England based on case law

Defendant

person who is sued in civil action or charged with offense

Lobby

seek to influence government to make certain laws

Plaintiff

person who sues in civil action

Precedent

court decision vised to decide a similar case

Private Law

all law relating to interactions between persons

Procedural Law

laws that outline the steps involved in protecting our rights

Public Law

all law dealing with relationship between person + government

Rule of Law

basic rule that no one nor government is above the law

Statute

law passed by federal parliament / provincial legislature

Substantive Law

laws that outline your rights /obligations in society

Habeas Corpus

a document required to bring someone to court to see if they are being legally detained

Burden of Proof

the responsibility for proving a criminal case in court 

Democratic Rights

the right to vote 

Equality Rights

protection from discrimination 

Fundamental Freedoms

basic freedoms, including freedom of expression and freedom of religion 

Legal Rights

legal safeguards for your procedural rights in the criminal justice system 

Notwithstanding Clause

the provision that allows a provincial or territorial law to be valid even though it contradicts certain rights and freedoms in the Charter 

Reasonable Limits Clause

the provision that allows limits to be placed on your rights and freedoms 

Remedy

a method to enforce your rights in court 

Rights and Freedoms

the right to express your opinion about a recent movie on your Internet blog

Accommodation

removing a barrier or changing a policy so discrimination does not occur

Assimilation

the process of being absorbed into the prevailing culture 

Complainant

a person who makes an allegation of discrimination 

Discrimination

treating individuals or groups unfairly or differently because of such characteristics as race, sex, religion, age, or disability 

Human Rights

rights that protect one from discrimination by other individuals and in certain areas of one’s life 

Prejudice

a preconceived opinion of a person who belongs to a particular group 

Stereotyping

applying characteristics assumed to belong to one member of a group to all members of that group 

Actus Reus

Latin phrase meaning “a wrongful action” 

Criminal Code

 the main source of criminal law in Canada 

Criminal Offence

an offence that is listed in the Criminal Code

Criminalization

when the federal government adds an act or behaviour to the *Criminal Code* 

Decriminalization

 when an act or behaviour is no longer in the *Criminal Code* or illegal in any way

Hybrid Offence

offence that the crown can prosecute as an indictable or summary offence

Impartiality

principle that judicial decisions should be based on objective criteria and be free from bias or conflicts of interest

Indictable Offense

a serious crime that carries more severe penalties; tried in a provincial supreme court 

Legalize

an act or behaviour that is no longer considered to be a crime, but is still subject to  certain legal restrictions and penalties

Mens Rea

Latin phrase meaning “a guilty mind”

Prosecute

in criminal law, in criminal law, when a person is brought to trial by the Crown attorney

Summary Conviction Offence

a minor criminal offence that is tried in a provincial court

Accused

the person charged with a criminal offence

Appearance Notice

a document detailing the offence the accused is charged with and the court date the accused must attend

Arrest

legally detaining a person and charging him or her with a criminal offence

Bail Hearing

a judicial hearing to determine whether a person who has been arrested should be detained in jail or released into the community pending his or her trial

Citizens Arrest

an arrest made by a regular citizen after he or she witnessed a criminal act or believed that a suspect had just committed one

Custody

to deprive a person of his or her liberty in order to lay a charge

Detain

to be kept in custody or temporarily confined

Disclosure

the process of providing the defence with the evidence in possession and control of the Crown

Evidence

ask sir

Plea Negotiation

the process of encouraging an accused to plead guilty to a lesser charge in hope of receiving a lighter sentence

Preliminary Hearing

a court procedure to determine if the Crown has enough evidence to take the case to trial

Reasonable and Probable Grounds

the concrete reasons police must have before searching a person or obtaining a search warrant to look for evidence

Search

to look for evidence related to a charge

Search warrant

a document giving police the right to search a person’s home

Warrant

ask sir

Adversarial System

the type of trial system we have in Canada

Challenge for cause

the challenge of a juror because the juror has particular knowledge about the case

Circumstantial Evidence

indirect evidence that tries to link the accused to the crime through circumstance and physical evidence

Credibility

ask sir

Defence Council

a lawyer for the accused 

Direct Evidence

evidence given by a person who witnessed the event in question

Hung Jury

a jury that cannot reach a unanimous decision

Jury Panel

a group of potential jurors being considered for jury duty

Oath

a promise to tell the truth

Peremptory Challenge

the challenge of a juror without giving a reason

Perjury

knowingly giving false evidence with intent to mislead

Sequester

to isolate a jury until members reach a decision

Voir Dire

a trial within a trial to decide upon the admissibility of evidence

Assisted Suicide

ask sir

Assault

Level 1 Assault-- intentional force without consent/ attempting/ threatening

\-Max penalty 5 years

Level 2 Assault-- Causes bodily harm, usually involves weapon

\-Max penalty 10 years

Level 3 Assault--Aggravated assault, grotesque beating/ maiming

\-Max penalty 14 years

Break and Enter

to enter another’s premises without permission by breaking or opening anything that is closed

Controlled Substance

any material, including both illegal drugs and drugs legally prescribed by doctors, listed in the Controlled Drugs and Substances Act

Fraud

intentionally deceiving the public or a person in order to cause a loss of property

Homicide

the killing of another person

Manslaughter

killing another person by committing an unlawful act with only general intent

Murder

intentional homicide

Robbery

theft involving violence

Sexual Assault

Level 1 Sexual Assault-- Sexual conduct, little to no injuries

\-Max penalty 10 years

Level 2 Sexual Assault-- Sexual assault with weapon, involves injuries

\-Max penalty 14 years

Level 3 Assault-- Aggravated assault, grotesque beating/ maiming

\-Max penalty 14 years

Soliciting

communicating for the purposes of prostitution

Street Racing

driving a vehicle at high speeds in a reckless and dangerous manner

Theft

taking someone’s property without their consent

Alibi

The accused was not at the scene of the crime when it took place

Automatism

state of impaired consciousness during which an individual has no control over his or  her actions, yet is capable of committing an act 

Battered Women Syndrome

used to describe a psychological condition caused by consistent and/or severe domestic violence 

Defence

the accused’s response to criminal charges

Double Jeopardy

to be tried twice for the same offence

Duress

forcing someone to do something (like commit a crime) by threatening harm

Entrapment

a police action that encourages or aids a person to commit an offence 

Not Criminally Responsible

when a person who has committed a crime has a disease of the mind that made him or  her incapable of appreciating the nature of the act or knowing that the act was wrong 

Provocation

committing a crime during the heat of passion

Self-Defence

the legal use of force, possibly even deadly force, in order to defend oneself 

Young Offender

Youth Criminal Justice Act

Unanimous

On a jury must have 12/12 votes

Majority

One more vote than half to pass a bill