Canadian Legal System
What are the three branches of government in Canada?
What are the legislative, executive, and judicial branches?
Refers to an earlier case used to resolve a current case.
What is precedent?
This fundamental principle requires the prosecution to prove an accused person's guilt to a very high standard.
What is proof beyond a reasonable doubt?
A system of legal principles based on custom and past legal decisions; also called “judge-made law” or “case law.”
What is Common Law?
This tort occurs when a person breaches a duty of care and causes foreseeable harm to another.
What is negligence?
What Canadian province operated under a civil law system?
Quebec
What are laws created by legislatures?
Statutory law
What is Prosecution vs. defense?
Refers to a practice or behaviour that is overt and clearly discriminatory.
What is direct discrimination?
What is the difference between assault and battery?
Assault:intentionally threatening or attempting to harm a person
Battery:intentionally touching another person without that persons permission, even if the contact does not harm them
These are unwritten, legally non-enforceable rules that govern the conduct of government and political actors.
What are constitutional conventions?
Party who initiates a lawsuit before a court.
Who is a plaintiff?
This Latin term refers to the prohibited act or physical element of a criminal offence.
What is actus reus?
A test used to determine whether the limitation of rights under s. 1 of the Charter is justifiable.
What is the Proportionality test?
What are monetary damages that may be awarded to plaintiff to punish the defendant and deter similar conduct in the future?
What are punitive damages?
Refers to the power that a given level of government has to enact laws
Refers to finding a criminal defendant not guilty of the charges against him/her.
What does "acquit" mean?
Meaning the body/evidence of the crime.
What is corpus delicti?
Refers to the Latin term meaning “within the powers” referring to a law that is within the jurisdiction of the government or the courts.
What is Intra Vires?
What is the burden of proof?
The preponderance of the evidence requires the party bringing the claim to show that their version of the facts is more likely true than not (a greater than 50% probability)
Five stages of turning a bill into a statute in Canada?
First reading, second reading, parliamentary committee stage, report stage and third stage (debate & vote)
What is Motion in Limine?
What is the principle of legality?
A person generally cannot be punished for conduct that was not defined as criminal by law.
This Charter provision allows a court to exclude evidence obtained through a rights violation when admitting it would bring the administration of justice into disrepute.
What is Section 24(2)?
Refers to the legal doctrine that holds one party responsible for the wrongful acts or omissions of another person, even if the responsible party did not personally commit any fault.
What is vicarious liability?