CRIM 1160

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xx.chelsii
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229603
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CRIM 1160
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2013-08-10 21:43:11
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The Canadian Legal System
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  1. Access
    Considered an "incident of custody" and means that a non-custodial parent may have visiting contact rights with the child
  2. Actus Reus
    • "The Evil Act"
    • Key component of conviction for any criminal offence
    • Actus Reus and Mens Rea must conincide at the time of the offence for conviction
  3. Administrative Law
    A form of public law that obligates the state to act fairly in the practice of government
  4. Administrative Tribunals
    Bodies empowered by the government to make decisions that range purely non-discretionary decisions

    Such as, applying the regulations or definitions of a particular statute, or quasi-judical decisions, such as determining questions of fact or law
  5. Adversarial System
    The system that suggests "the truth" is most likely to emerge from strong advocacy for opposing points of view
  6. Amending formula
    Sections of the Constitution Act, 1982 that all for changes to that legistlation
  7. Anarchist Perspective on Law
    Perspective that emphasizes the role of an oppressive and intrusive state as central to the understanding social life.
  8. Articling
    An LL.B's graduate's period of learning in a legal setting and further series of tets referred to as Bar Admissions
  9. Audi Alteram Partem
    Latin maxim that means "hear the other side".

    This rule requires parties to have a fair hearing
  10. Bicameral Parliament
    A legistlative body consisting of two houses that jointly enact laws for a country.
  11. Books of Authority
    Authoratative texts or commentaries on the meaning and development of specific forms of law and their applicable principles
  12. British North America Act, 1867
    • British statute that created Canada by politically joining Upper and Lower Canada
    • (Now Quebec and Ontario) with Nova Scotia and New Brunswick.
    • Granmted constitutional powers to the duly elected representatives
  13. Canadian Bill of Rights
    Arguably the precursor to the Canadian Charter of Rights and Freedoms, the Bill of Rights was a federal statute without the status of a constitutional document
  14. Canadian Charter of Rights and Freedoms
    An entrenched charter of rights and freedoms that require Canada's courts to strike down all federal, provincial, and municipal legistlation that failt to conform to it
  15. Canadian Judicial Council
    Created by Parliament in 1971, its statutory mandate is to set out the Judges Act, which states that the council is established to "promote efficiency and uniformity, and to improve the quality of judicial service"
  16. Case Law
    Judicially constructed law-law that is established by decisions in specific court cases, with decisions of the Supreme Court of Canada established as final case law
  17. Child Custody
    • Determination of which parent is best to have custody of child/ren.
    • "best interests of the child"
  18. Child Support
    The obligation if a parent to contribute to the best of his or her financial ability to the care and costs of raising his or her children
  19. Common-law Relations
    A statutoraly defined term that means a relationship between two people who, although legally not married, co-habitated in a marriage-like relationship
  20. Conflict Resolution
    • Also known as alternative dispute resolution
    • this new model for deciding disputes has been developed by communities and the legal profession as an option for court process
    • Most common forms are mediation and arbitration
  21. Meidation
    • A form of conflict resolution
    • A negotiated settlement between the disputing parties
  22. Arbitration
    • A type of conflict resolution
    • Has a non-judicial officer determine how the issue in dispute between two parties should be resolved
  23. Consent
    A defence to allegations that intentional tort has been committed; can also be used as a defence in criminal law
  24. Constitution Act, 1982
    A constitutional enactment, in 1982, that gave lide to the Canadian Constituion as a legal criterion of Canada itself
  25. Constitution Act of 1791
    The British statute that divided Canada into Upper and Lower Canada
  26. Constitutional law
    The rules that define and interpret the powers of federal and provincial governments
  27. Contributory negligence
    a partial defence for a defendent in a negligence action when it can be shown that the plaintiff was partially responsible for the harm sufferred
  28. Controlled Drugs and Substances Act
    Legistlation passed in 1997 as an update and relatively minor revision of the Narcotic Control Act
  29. Conviction
    In a criminal law context refers to the determination by a court that person is responsible for or "guilty" of the crime accussed of
  30. Criminal Code
    The Federal Statute, first enacted in 1982, which sets out most public crimes (assault, murder, criminal negligence) and their penalties
  31. Custom
    A source of law that derives from the practices and patterns of behaviour through which society has come to order itself
  32. Defences or mitigations of criminal responsibility
    Used by the accused to demonstrate that they were not criminally responsible for the crime that they committed, or they had diminished responsibility
  33. Defendant
    The person against whom a private law proceeding has been brought as well as the term used for the person who is charged in criminal law
  34. Delegation
    In the context of administrative law, the term for the transfer by federal Parliament and provincial legistlatures of some of their legislative duties to non-elected officials
  35. Dialectical materialism
    The doctrine or theory of history espoused by Marxism.

    In ancient Greek "dialectic" means dialouge or conversation
  36. Divorce
    A petition under federal jurisdiction for the dissolution of a marriage
  37. Doctrine of fairness
    an extension of the principle of natural justice, which requires administrative tribunals to act with both substantive and procedural fairness to all parties
  38. Domestic law
    the law of a single nation-state, which is different from the domestic laws of other nations
  39. ejusdem generis & noscitur a sociis
    although theoretically seperate, the two latin maxims essentially make the same point: the meaning of an ambiguous word or phrase within a statute is to be inferred from which the context in which it appears
  40. ex turpi causa, non oritur actio
    Latin for "an action does not occur (or arise) for a base (or illegal) cause"
  41. expressio unius est exclusio alterius
    Latin maxim requiring that the express mention of one class of subjects necessarily excludes anopther class of subjects
  42. Federal Court of Canada
    • Composed of:
    • Federal court: Trial division
    • Federal Court: Appeal Division
  43. Feminist theory of law
    a theory that places the subjugation of women and denial of the equality of women as central foci of centuries of lawmaking
  44. Feudalism
    the political and economic systemof England that granted the aristocracy nobility and land in exchange for the labour and military service of serfs or vassals on the land
  45. Golden rule
    The rule of statutory interpretation that softens the impact of the plain meaning rule, requiring that although the ordinary sense of words is to be adhered to, that ordinary sense may be modified if it it necessarily leads to an absurdity or incongruity within the statute
  46. Hansard
    The offical report of the proceedings of Parliament
  47. Hybrid Offences
    Crimes in the CC for which the crown attorney may decide whether to proceed by summary conviction or indictment
  48. Indictable offence
    Those crimes in the CC that are considered to be very serious and carry substantial penalties
  49. Injustice
    A word that refers to a situation in which the law or legal system treats someone or something unfairly
  50. Inquisitorial system
    A legal system that places it's confidence in the judge or arbitrator, who is required to ask relevent questions in an effort to determine truth in the matter
  51. intentional tort
    torts that occur as a result of a wrongdoer intentionally harming another physically or mentally
  52. Interdelegation
    A constitutionally permitted process whereby the federal government may dlegate its powers to a provincially appinted tribunal; commission, or board.
  53. International law
    A form of law mediated by international institutions such as the United Nations
  54. Intra Vires
    Latin for "within the power of"
  55. Judicial review
    The process whereby a court considers whether decisions of administrative tribunals were properly made or ultra vires the jurisdiction of the tribunal
  56. Jury
    A panel of one's "peers" that is representative for fact finding or determining the truth or falseness of facts in evidence
  57. Justice
    Term derived from the Roman term "justicia" which means "to give each man his due"
  58. Laissez-faire capitalism
    doctrine that the free markey functions to the greatest  good when left unfettered and unregulated by the government
  59. Law school
    the term used to refer to Faculties of Law at the specific universities
  60. Law societies
    Provincial associations (can be subsets of the bar) that license lawyers to practice in each province
  61. Legal realism
    an approach to law that takes account not only of doctrinal developments, but also the social, political, and economic bases of specific law
  62. lex iniusta non est lex
    Latin for "an unjust law, is no law at all"
  63. Liability
    what the court decides in a private law action
  64. Limitations clause
    Sections 1 of the Charter is often referred to as the "limitations" clause because it states that not all the rights garaunteed in the charter are absolute but are rather subject to "reasonable limits prescribed by law"
  65. LL.B Degree
    Bachelor of las degree granbted from a law school in recognition that its holder completed a university-mandated legal education
  66. LSAT
    Law School Admission Test

    An aptitude test developed in the US as a means of determining suitability for legal education and the practice of law
  67. Magna Carta
    A document attributed to King John of England in 1215 wherein he legally specified that royal powers were not aboslute, ceding some power of his barons to change some of his decisions
  68. Marriage
    The legal definition of marriage currently applies only to state-registered heterosexual unions, though there remains to be considerable debate both within and outside the homosexual community
  69. Marxism
    The theory that espouses the notion that law is created from an irreconcilable conflict between labour  and capital
  70. Meech Lake Accord
    Part of a multi-pronged attempt to bring Quebec into the constitutional fold, after the provinces refusal to sign the constitution act in 1982
  71. mens rea
    Latin for "evil mind"
  72. Natural Justice
    Written and unwritten rules and procedures to be followed by an person charges with the duty of adjucating disputes
  73. Natural law
    a theory that has its roots in Judeo-Christian conceptions of social life
  74. Negligence
    A person or legal entity will be found to be negligent when his, he, or its conduct falls below the standard expected of the reasonable person in the specific circumstances in question, and when damages are incurred as a result of this negligence
  75. nemo judex
    abbrevation of Latin maxim means "that no person should act as a judge on his own behalf"
  76. notwithstanding clause
    • Section 33 of the Charter
    • allows legistalture to enact laws that specifically "override" the rights and freedoms in the charter by stating that the legistlation will operate even though it could or does infringe constitutional rights
  77. nulla poena sine lege
    there shall be no penalty without valid law
  78. Oakes case
    • rule of Canadian constitutional interpretation first established by the Supreme court of Cnada.
    • requires that the court apply a two-[part test of central importance and proportionality before allowing a validly enacted federal or provincial statute infringe on a right or freedom in the Charter
  79. Objective intention
    an element of mens rea that is applied in certain cases and determines whether a reasonable person would have expected a criminal deed to flow from the defendent actions
  80. Parliamentary Supremacy
    the doctrine that Parliament is the supreme lawmaker and no person or body has the legal right to override
  81. Patriation
    term used to refer to a country assuming complete control of it's own constitution
  82. Plain meaning rule
    the rule of statutory interpretation that dictates and ambiguous section of a statute to be read in accordance with its literal meaning
  83. plaintiff
    person who has been harmed by the actions of another and commences lawsuit to undo wrong
  84. positivism
    theory that law can be understood as a valid set of rules
  85. precedent
    "judgement or decision of a court of law cited as an authority for deciding a similar set of facts" serves as a legal principle embodied in it's decision
  86. private law
    an area of law that responds to matters that are primarily of private interests; not so much intrest of collective more about about various economic relations among individuals and their legal creations
  87. Procedural law
    sets out the process, formalities, or mechanisms for enforcing the law
  88. Provincial Court
    The first stop in the hierarchy of Canada's court system.

    • The trial courts of the province have FOUR divisions:
    • 1) Criminal
    • 2) Youth
    • 3) Small claims
    • 4) Family
  89. Public Law
    An area of law that is primarily concerned with the public interest and the regulation of matters of collective rather than individual interest
  90. Punitive Damages
    Damages that are awarded in tort beyond what is necessary to compensate an individual or a legal entity for losses sustained and for pain and suffering
  91. Quebec Act
    Statute passed by the British Parliament in 1774 that provided for the right of Roman Catholics to participate in government and the use of French in civil law
  92. Reasonable Person
    A fictional character who exists in private law and who decides whether explanations offered by the wrongdoer are rational
  93. Restorative Justice
    Models of dispute resolution, such as sentencing circles, that can apply to Aboriginal populations and are said to more accurately reflect the participant's interpretations of justice than those imposed through the British based Canadian legal system
  94. Royal Proclamation of 1763
    The treaty of Paris, signed in 1763, ended the Seven Years' War between the French (and its allies) and the British (and its allies).
  95. rule in Heydon's case
    The rule that states that the intention of a statute is to be derived from an understanding of the "mischief" that the law aims to correct

    "mischief rule"
  96. Sections 91 & 92, BNA Act, 1867
    The two sections of Canada's constitution that define the areas of jurisdiction where the provinces can enact law
  97. Sentencing
    The task of imposing a penalty for a crime
  98. Seperation
    A term used in both federal and provincial law referring to the period after a couple determines that they will no longer live together as partners.
  99. Social Contract
    A term usually attributed to Jean-Jacques Rousseau, who in 1762 wrote Social Contract or Political Right, in which he states "The problem is to find a form of association which will defined and protect with whole common force the person and goods of each associate, and in which each, while uniting himself with all, may still obey himself alone, and remains as free as before"
  100. Sovereign
    The supreme authority in an independent political society.
  101. Spousal Support
    The provision of support for a spouse in the event of marriage breakdown
  102. Spouse
    As a result of the passage of Bill C-38, a spouse may be a man and a woman who are married to each other or a couple of the same sex
  103. Star Chamber
    derives its title from the Court of Star Chamber, which from 1487 to 1640 sat in camera (privately) and handed down legal and often arbitrary decisions that were not open to scrutiny by the public
  104. stare decisis
    to stand by decided things
  105. Statute Law
    Law is enacted by duly elected legislatures, whether federal or provincial
  106. Strict and Absolute Liability Offences
    Offences that arise from the breach of regulatory or public welfare statutes and that do not typically lead to incarceration; nor is intent a necessary element of the offence
  107. Subjective Intention
    An element of mens rea that asks the question whether the defendant expected that a criminal deed would result from his or her actions
  108. Substantive Law
    • The actual law, as opposed to adjectival or procedural law.
    • Substantive sets out specific penalties for specific kind of conduct by the public that is prohibited by statute
  109. Suffragette
    A woman in Britain, Canada, or the US in the early for twentieth century who was a member of a group that demanded voting rights for woman and who increased awareness of the matter with a series of public protests
  110. Summary Conviction Offences
    Crimes specified in the Criminal Code that are considered less serious
  111. Superior Courts of the Province
    • There are two divisions within the superior courts of the provinces:
    • 1) Trial Division
    • 2)Appeal Division
  112. Supreme Court of Canada
    The court of last resort in our country since 1949; the Supreme Court has nine justices and hears appeals
  113. Tort
    A private wrong (as opposed to crime, which is a public wrong punishable by the state)
  114. Ultra vires
    "beyond the power"

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