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
