Grade 11 Law (Definitions)

Duty counsel

A lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court

Right

A legal, moral, or social entitlement that citizens can expect, mainly from government

Case Law

A method of deciding cases based on recorded decisions of similar cases

Voir dire

A mini-trial in which jurors are excluded while the admissibility of evidence is discussed

Plea bargain

A negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence

Unitary System

A one-level system of governing (E.g. In Great Britain)

Youth worker

A person appointed to monitor the youth's progress in the community

Electronic monitoring

Allowing an offender to serve a sentence at home under electronic supervision from a remote location

Crime

An act or omission of an act that is prohibited and punishable by federal statute

Summons

Document issued for an indictable offence, which orders the accused to appear in court.

Accommodate

Eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job

Constructive discrimination

Employment policies that inadvertently exclude certain individuals, resulting in discrimination

Hearsay evidence

Evidence given by a witness based on information received from someone else rather than personal knowledge

Character evidence

Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence

Victim impact panel

Panel that allows victims and drunk driving offenders to express their feelings

Extra-judicial sanctions

Participating in community-based programs instead of going to court

Justinian's Code

The clarification and organization of Roman law commissioned by Justinian I.

Divine right

The concept that monarchs and their successors derived their power to rule from God and were accountable only to God

Judge

The court official appointed to try cases in a court of law and to sentence convicted persons

Sheriff

The court official responsible for jury management

Court clerk

The court official who assists the judge

Bailiff

The court official who assists the sheriff

Court security officer

The court official who maintains security in the courtroom

Court reporter

The court official who records everything said in court during a trial

Abetting

The crime of encouraging the perpetrator to commit an offence

Due diligence

The defence that the accused took every reasonable precaution to avoid committing a particular offence

General Intent

The desire to commit a wrongful act, with no ulterior motive or purpose

Specific Intent

The desire to commit one wrongful act for the sake of accomplishing another

Direct examination

The first questioning of a witness to determine what he or she observed about the crime

Arraignment

The first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea

Class characteristics

The general attributes of an object.

Supreme Court of Canada

The highest appeals court in Canada, also deals with constitutional questions referred to it by the federal government

Superior Court of the province

The highest criminal and civil court, consisting of a trial division and an appeal division

Attempt

The intention to commit a crime, even when the crime is not completed

Wiretapping

The interception of telephone communications

Charge to the jury

The judge's explanation to the jurors of how the law applies to the case before them

Sentencing hearing

The judge's opportunity to listen to recommendations and to consider all the facts before passing sentence

Adversarial system

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

Jury panel

The large group of randomly selected citizens from which jury members are chosen

Crown attorney/prosecutor

The lawyer representing the government, responsible for instituting legal proceedings against the accused

Defence counsel

The lawyer who defends an accused person on trial

Incapacity of children

The legal presumption that a child under the age of 12 cannot form the necessary mens rea to be convicted of a crime

Contamination

The loss, destruction, or alteration of physical evidence.

Provincial Court

The lowest level in the hierarchy of Canadian courts

Gravamen

The most serious part of an accusation

Appellant

The party that files an appeal

Complainant

The person making an allegation of discrimination

Respondent

The person or organization that the complainant alleges committed discrimination

Perpetrator

The person who actually commits the crime

Accommodation

The place where people live or want to live

Jurisdiction

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

Statute law

A law or act passed by government

Ten Commandments

Laws given to Moses to guide the Hebrew people

Bylaws

Laws that deal with local issues and are passed by municipal governments

Search warrant

Legal document that allows police to search a location

Human rights codes

Legal documents that protect people from prohibited discrimination

Extradition

Surrendering an accused person to another jurisdiction to stand trial

Bail

Temporary release of the accused who posts money or some other security

Direct evidence

Testimony given by a witness to prove an alleged fact

The Great Binding Law

The Constitution of the Iroquois Confederacy

Burden of proof

The Crown's obligation to prove the guilt of the accused beyond a reasonable doubt

Executive branch

The administrative branch of government responsible for carrying out the government's plans and policies

Centre

The area where the offence actually took place.

Criminal Law

The body of laws that prohibit and punish acts that injure people, property, and society as a whole

Estate Law

The branch of civil law concerned with the division and distribution of property after death

Family Law

The branch of civil law that deals with various aspects of family life

Employment Law

The branch of civil law that governs employer-employee relationships

Property Law

The branch of civil law that governs ownership rights in property

Tort Law

The branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action

Contract Law

The branch of civil law that provides rules regarding agreements between people and businesses

Judiciary branch

The branch of government responsible for presiding over Canada's court system

Legislative branch

The branch of government that has the power to make, change, and repeat laws

Reverse onus

The burden of proof lies with the defense.

Napoleonic Code

The civil law of France completed in 1804 (also called the French Civil Code)

Actus reus

"The guilty act" - the voluntary action, omission, or state of being that is forbidden in the Criminal Code

Line-up

A group of people shown to a victim or witness in order to identify the perpetrator.

Suspended sentence

A judgement that is not carried out, provided certain requirements are met

Detention

Detaining someone in order for them to answer questions; could involve or not involve physical restraint.

Trial by combat

Determining guilt or innocence by having the parties fight a duel

Preliminary hearing

A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

Hung jury

A jury that cannot reach a unanimous verdict and is consequently dismissed from the case

Stare decisis

A Latin phrase meaning "to stand by the decision"

Magna Carta

A charter of political and civil rights signed in 1215 at Runnymede in England

Minimum security institution

A correctional facility without exterior barriers

Youth justice court

A court for young people between the ages of 12 and 18 who have been charged with a criminal offence

Justice of the peace

A court official who has less authority than a judge but can issue warrants and perform other judicial functions

Habeas corpus

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

Subpoena

A court order requiring the witness to appear in court on a certain date to give evidence

Federal Court of Canada

A court that hears cases involving the federal government; consists of a trial and an appeal division

Court of Appeal

A court with the authority to review decisions made by lower courts

Capital offence

A crime punishable by death in some jurisdictions

Counselling

A crime that involves advising, recommending, or persuading another person to commit a criminal offence

Aiding

A criminal offence that involves helping a perpetrator commit a crime

Directed verdict

A decision by the judge to withdraw the case from the jury and enter a verdict of not guilty

Willful blindness

A deliberate closing of one's mind to the possible consequences of one's actions

Mens Rea

A deliberate intention to commit a wrongful act, with reckless disregard for the consequences

Surety

A person who agrees to make a payment if the accused does not appear in trial

Prejudice

A preconceived opinion based on a stereotype or inadequate information

Conditional sentence

A prison sentence that can be served in the community, with strict terms attached

Bona fide occupational requirement

A qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance

Surrebuttal

A reply to the opposing side's rebuttal

Psychiatric assessment

A report describing the mental history of the offender

Motion for dismissal

A request by defence counsel that he judge dismiss the charges against the defendant

Canadian Charter of Rights and Freedoms

A section of the Constitution Act, 1982, which sets out constitutionally protected rights and freedoms

Custody

A sentence entailing confinement within a controlled facility; usually imposed on a young person who commits a serious crime

Indeterminate sentence

A sentence for an indefinite period

Deportation

A sentence of expulsion from the country

Binding-over

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

Intermittent sentence

A sentence served on weekends and at night

Probation

A sentence that allows a person to live in the community under the supervision of a parole officer

Secure custody

A sentence that incarcerates a young criminal in a special youth facility

Suspension of privilege

A sentence that withholds a privilege for a specified period or lifetime

Community service order

A sentence to perform certain services in the community for a specified period

Code of Li k'vei

A set of Chinese laws written around 350 BCE

Beyond a reasonable doubt

A standard of proof whereby a defendant's guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence

Intent

A state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences

Victim impact statement

A statement prepared by a crime victim or the victim's family describing the harm done or the loss suffered as a result of the offence

Federal System

A two-level system of governing (E.g. In Canada)

Transcript

A typed record of everything said in court during a trial

Arrest warrant

A written court order for the arrest of an individual

Conspiracy

An agreement between two or more people to carry out an illegal act, even if that act does not actually occur

Victim-offender mediation

An alternative measures program designed to determine restitution; involves the victim, the offender, and a mediator

Family group conferencing

An alternative measures program in which the victim and the offender meet with family members and other concerned parties to determine restitution

Sentencing circle

An alternative measures program that involves a process of healing for the victim and the offender

Appeal

An application to a higher court to review the decision made by a lower court

Citizen's arrest

An arrest made by someone who is not a peace officer and without a warrant.

Knowledge

An awareness of certain facts that can be used to establish mens rea

Custody and supervision order

An order from the court that sets out terms and conditions, requiring the youth to spend two thirds of the sentence in custody and the last third in the community or under supervision

Direct discrimination

An overt act of discrimination

Poisoned environment

An uncomfortable or disturbing atmosphere created by the negative comments or behaviour of others

Forensic science

Analyzing evidence through the use of biochemical and other scientific techniques

Rule of precedent

Applying a previous decision to a case that has similar circumstances

Facilities

Areas or buildings designated for public use

Perimeter

Areas surrounding the centre.

Codified

Arranged and recorded systematically.

Shared cost agreements

Arrangements between the two levels of government to share the cost for programs in areas not identified in the BNA Act

Bench warrant

Arrest warrant issued directly by the judge when the accused fails to appear in court.

Pre-sentence report

Background information about the convicted offender, prepared for the judge prior to sentencing

Civil liberties

Basic individual rights protected by law, such as the freedom of speech

Maximum security institution

Highly secure correctional facility

Ultra vires

Beyond the power of the government to pass laws

Mosaic Law

Biblical or Hebrew law found in the Book of Exodus.

Constitutional Law

Body of law dealing with the distribution and exercise of government powers

Unescorted temporary absence

Brief release from custody for community service or personal reasons

Conciliation

Bringing conflicting parties to a resolution of their differences

Juvenile delinquents

Children between the ages of 7 and 16 to 18 who committed crimes or were considered unmanageable or sexually immoral

Mitigating factors

Circumstances that decrease the severity of a sentence

Aggravating factors

Circumstances that increase the severity of a sentence

Intelligence

Collecting, evaluating, analyzing, and reporting of information

Day parole

Conditional absence from custody during the day only

Work release

Conditional absence from custody to perform paid or voluntary work under supervision

Full parole

Conditional release from custody after serving one third to half a sentence

Recklessness

Consciously taking an unjustifiable risk that a reasonable person would not take

Medium security institution

Correctional facility with few barriers and some freedom of movement

Training schools

Custody facilities that provided disciplinary and vocational instruction to juvenile offenders

Young Offenders Act

Federal legislation that replaced the Juvenile Delinquents Act in 1984

Youth Criminal Justice Act

Federal legislation that replaced the Young Offenders Act

Regulatory Laws

Federal or provincial statutes meant to protect the public welfare

Residual Powers

Federal responsibility to make laws in legislative areas not assigned to the provinces

Visible fingerprint

Fingerprint coated in some substance, such as blood, which is visible to the naked eye.

Latent fingerprint

Fingerprint left by natural oils and perspiration on the fingertip; not visible to the naked eye.

Affirmative action

Giving advantages to groups who have been discriminated against in the past

Recognizance

Guarantee that the accused will appear in court when required, under penalty of a fine up to $500

Inalienable Rights

Guaranteed entitlements that cannot be transferred from one person to another

Stereotyping

Having an oversimplified, standardized, or fixed judgement of a group of people

Show-cause hearing

Hearing where the crown or defense tries to convince the judge to detain or release the accused before trial.

Distinguishing a case

Identifying a case as being sufficiently different from previous cases as to warrant a different decision

Incarceration

Imprisonment for a specified period

Jury

In a criminal trial, a group of 12 people who decide whether the accused is guilty or not guilty

Accused/defendant

In criminal court, the person charged with committing a criminal offence

Great Laws of Manu

Indian laws compiled between 1280 and 880 BCE, previously transferred through oral tradition.

Circumstantial evidence

Indirect evidence that leads to a reasonable inference of the defendant's guilt

Evidence

Information that tends to prove or disprove the elements of an offence

Reasonable grounds

Information that would make a reasonable person believe that the suspect committed the offence

Mediation

Intervention between conflicting parties that promotes compromise or settlement of the dispute

Circuit judges

Judges of travelling courts

Retribution

Justice based on vengeance and punishment.

Perjury

Knowingly making false statements in court while giving evidence under oath or affirmation

Private (or civil) Law

Law governing the relationships between private individuals and between individuals and organizations

Public law

Law related to relationships between individuals and the state

Administrative Law

Law related to the relationship between people and government departments, boards, and agencies

Substantive Law

Law that defines the rights, duties, and obligations of citizens and governments

Common Law

Law that developed in English courts; relies on case law and is common to all people

Domestic Law

Law that governs activity within a nation's borders

International Law

Law that governs relations between independent nations

Criminal law

Law that identifies crimes and prescribes punishment

English Common Law

Law that originates from decisions made by judges in previous cases.

Procedural Law

Law that prescribes the methods of enforcing the rights and obligations of substantive law

Quasi-criminal laws

Laws covering less serious offences at the provincial or municipal level; most often punishable by fines

Liability

Legal responsibility for a wrongful action

Prima facie

Legally convincing unless disproved by contrary evidence

Statute of Westminster

Legislation passed in Britain that extended Canada's law-making powers

Private Member's Bill

Legislation proposed by an MP who is not in the Cabinet

Open custody

Less secure facilities for non-violent offenders

Discrimination

Making a distinction between people and treating them differently on a basis other than individual merit

Fingerprint

Marks from a person's fingertips touching a substance.

Goods

Merchandise that can be purchased

Victim-offender panels

Moderated discussions that allow victims and offenders, linked by a common crimes, to express their feelings about the offence

Presumptive offences

Murder, attempted murder, manslaughter, aggravated sexual assault, and third serious violent offences are:

Appearance notice

Notice compelling an accused person to appear in court; usually for less serious offences.

Physical evidence

Object, impression, or body element which can be used as evidence.

Absolute liability offences

Offences that do not require mens rea and to which the accused can offer no defence

Strict liability offences

Offences that do not require mens rea but to which the accused can offer the defence of due diligence

Code of Hammurabi

One of the earliest-known sets of recorded laws, written by King Hammurabi of Babylon

Impressions

Patterns or marks found on surfaces and caused by another object

Restitution

Payment made by the offender to the victim of a crime

Lobby groups

People who try to influence legislators in favour of their cause

Leave

Permission to appeal a case from a lower court to a higher court

Harassment

Persistent behaviour that violates the human rights of the victim

Witnesses

Persons who give evidence while under oath in a court of law

Amending Formula

Procedure for changing Constitution

Bill

Proposed legislation

Rehabilitation

Punishment combined with treatment and training to help offenders function in society

Denunciation

Punishment designed to show condemnation of the offender's conduct

Sentence

Punishment imposed on a person convicted of committing a crime

Youth sentence

Punishment imposed on a young person that takes into consideration the principles involved in sentencing people under 18

Specific deterrence

Punishment to discourage criminals from reoffending

General deterrence

Punishment to discourage people in general from offending

Bugging

Recording a speaker's oral communication by using an electronic device

Parole

Release of an inmate on a promise of good behaviour into the community before the full sentence is served

Statutory release

Release, by law, after serving two thirds of a sentence

Absolute discharge

Releasing a convicted offender and erasing the criminal record after one year

Conditional discharge

Releasing a convicted offender under certain terms, and erasing the criminal record after three years if the terms are met

Trial by ordeal

Requiring a person to undergo torture to determine guilt or innocence

Trial by oath helping

Requiring friends of the accused to swear on the Bible that he or she was innocent.

Recidivism

Returning to crime after release from prison

Telewarrant

Search warrant obtained by phone or fax

Principle of Equalization

Section 36 of the Constitution Act, 1982, which provides for equal access to essential services for all Canadians

Closed custody

Secured facilities for dangerous offenders

Arrest

Seizing or touching a person to indicate that they are in custody.

Concurrent sentences

Sentences served at the same time

Consecutive sentences

Sentences served one after another

Protective custody

Separation of offenders from the rest of the prison population

Conditional release

Serving part of the sentence in the community under supervision

Promise to appear

Signed agreement that the accused will appear in court for the trial

Peace officer

Someone responsible for upholding the public peace (E.g. A police officer)

Dangerous offender

Someone who constitutes a threat to the life, safety, or well-being of others

Accessory after the fact

Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police

Fines

Specific amounts of money paid as penalties for offences

Individual characteristics

Specific characteristics of an object.

Dissemination

Spreading ideas widely

Information

Statement given under oath on the details of an offence.

Motive

The reason a person commits a crime

Undue hardship

The result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk that outweighs the benefit of the accommodation

Challenge for cause

The right of the Crown or defence to exclude someone from a jury for a particular reason

Peremptory challenge

The right of the Crown or the defence to exclude someone from a jury without providing a reason

Freedom

The right to conduct one's affairs without governmental interference

Human rights

The right to receive equal treatment, to be free from prohibited discrimination and harassment, and to have access to places, services, and opportunities

Franchise

The right to vote

Cross-examination

The second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney

Pardon

The setting aside of a person's record of conviction

Party to common intention

The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit

Crime scene

The site where the offence took place

Quebec Civil Code

The system of laws used in Quebec for resolving private matters

Electronic surveillance

The use of any electronic device to overhear or record communications between two or more people

Interveners

Third-party participants in a legal proceeding; also called "friends of the court"

Parties to an offence

Those people who are indirectly involved in committing a crime

Patriate

To bring legislative power under the authority of the country to which it applies

Rebut

To contradict evidence introduced by the opposing side

Ameliorate

To improve

Override

To prevail over

Entrench

To protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution

Assizes

Travelling courts

Young offender

Under the Young Offenders Act, a person, at least 12 years of age and under 18, who breaks the criminal law

Sexual harassment

Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti

Criminal negligence

Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death

Services

Ways of meeting consumer needs that do not involve the purchase of tangible goods

Intra vires

Within the power of the government to pass laws

Chain of custody

Written record of those who have possessed an item of evidence while it is evidence.

Police log

Written record of what an officer has witnessed.

Notwithstanding Clause

s. 33 of the Canadian Charter of Rights and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the Charter