Gr 11 Law Definitions

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Habeas CorpusDocument that requires a person be brought to determine if he or she is being legally detained i.e. there must be grounds for detention

Preliminary hearingHeld to determine if there is sufficient evidence to justify a trial

Due diligenceDefence that the accused took reasonable care not to commit

PrecedentLegal decision that serves as an example and authority in subsequent similar cases; the legal principle in which similar facts result in similar decisions

Marriage ContractLegal agreement between partners who are married or plan to get married concerning property and obligations to each other

PerjuryAct of knowingly giving false evidence in a judicial proceeding with intent to mislead

Mens reaGuilty mind, the knowledge, intent or recklessness of one’s actions (combined with actus reus makes one criminally liable)

Actus Reus Wrongful deed; the criminal act or omission to act (combined with mens rea makes one criminally liable)

ParoleThe release of a convicted criminal defendant after he/she has completed part of his/her prison sentence, based on the concept that during the period of parole, the released criminal can prove he/she is rehabilitated and can "make good" in society

Hung JuryJury that cannot come to a unanimous decision in a criminal case

General IntentIntent that is limited to the at itself and inferred from the act

Specific IntentIntent that goes beyond the act itself i.e. plan to commit further crime

Negligence Failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional, and unplanned

Challenge for CauseFormal objection to a prospective juror for reasons such as the jurors knowledge of the case or lack of impartiality

Vicarious LiabilityPrinciple of holding a blameless party (the substitute) responsible for another’s actions

AutomatismInvoluntary action by someone who is unconscious of what he/she is doing i.e. sleepwalking

SequesteredTo keep jurors together and away from non-jurors until a verdict is me

Property CrimeArson (use of fire/explosives can be unintentional or intentional), theft, breaking and entering, possession of stolen goods and fraud

Parental LiabilityA statute, enacted in some states, that makes parents liable for damages caused by their children, if it is found that the damages resulted from the parents' lack of control over the acts of the child

Cohabitation AgreementDomestic contract between two unmarried people who are living together; concerning property obligations

False ImprisonmentUnlawful physical restraint/detention
IntestateNot having made a will before one dies or Of or relating to a person who dies without having made a will DenunciationPublic condemnation or the action of forming against someone

Rule of LawFundamental principle that society is governed by law that applies equally to all persons. Nobody is above the law

InjunctionA court order instructing someone to do (or to prevent the person from doing certain things) something for a period of time repeaters

Voluntary assumption of riskWilling acceptance of a possibility of harm or suffering; partial defence for negligence

Class actionLawsuit filed or defended by an individual or small group acting on behalf of a large group

DiscriminationIntentional: occurs when a person or organization knowingly commits a discriminatory act Unintentional: occurs when the treatment/action is done unintentionally

PerformanceThe fulfillment to an obligation/ promise (the completion of a contract)

BatteryIntentional physical contact - follow up to assault

Dangerous offenderA person who has done serious personal injury and who meets the criteria to be given this designation
RespondentIn a court case, the party (ex. the Crown) who opposes the appeal requested by the other party, the appellant; in marriage law, the spouse being sued for divorce

Common...
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