Law Terms

CLN4U Terms

abettingthe crime of encouraging the perpetrator to commit an offence
Aboriginal rightsrights that some Aboriginal peoples of Canada hold as a result of their ancestors’ longstanding use of the landabrogateto abolish or annul a law absolute dischargereleasing a convicted offender and erasing his or her criminal record after one year absolute liabilityculpability based on the commission of an actus reus without regard to the mens rea absolute privilegeprotection from legal action for statements made during legislative or court proceedings acceptancea clear indication by the offeree to enter into a contract on the terms set out by the offeror accessthe non-custodial parent’s right to visit the child when the parents separate accessory after the factsomeone who knowingly receives, comforts, or assists a perpetrator in escaping from the police accommodateto eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job accommodationthe place where people live or want to live accused (or defendant)in criminal court, the person charged with committing a criminal offence acquittedfound not guilty of an offence (n. acquittal)
Act of Goda defence claiming that an accident is the result of an extraordinary, unexpected natural event actus reusLatin for “the guilty act”, which refers to a voluntary action, omission or state of being that is forbidden by the Criminal Code administrative lawa category of public law governing the relationship between people and government departments, boards, and agenciesadoptiona legal process by which a single person or a couple becomes the legal parent(s) of a child adulterysexual intercourse by a married person with someone other than his or her spouse adversarial systemthe judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury affidavit of documentsa list of all documents that may be used at a trial - each side in the case has the right to examine them affinityrelationship through marriage affirmative actiongiving advantages to groups discriminated against in the past affirmative defencea defence that justifies an accused’s criminal conduct aggravated assaultwounding, maiming, disfiguring, or endangering the life of the victim aggravated damagescompensation for intangible losses such as humiliation or distress aggravated sexual assaultthe most violent level of sexual assault that involves wounding, maiming, disfiguring, or endangering a victim’s life aggravating factorscircumstances that increase the severity of an offender’s sentence agreement to sellan agreement whereby the title is not transferred to the buyer when the contract is made, but will be transferred in the future aidinga criminal offence that involves helping a perpetrator commit a crime alibia defence raised by the accused claiming that he or she were somewhere else when the crime occurred allurementa site or object that might attract children and result in their harm; also known as an “attractive nuisance” alternative dispute resolution (ADR)a way to settle disagreements other than by litigation ameliorateto improve amending formulathe procedure for amending the Constitution which, in Canada, requires the approval of Parliament plus two-thirds of the provinces representing 50 percent of the population (meaning must have the approval of Ontario or Quebec, who together make up 62% of the population) annulmentdeclaration by the court that a marriage never existed apartheida former policy of the South African government that involved discrimination and segregation directed against non-whites appeal an application to a higher court to review the decision made by a lower courtappearance noticea legal document, usually issued for less serious offences, compelling an accused person to appear in court appellantthe party that files an appeal apportionment the division of fault among parties in an action arbitrationan ADR process in which a neutral third party hears both sides of the dispute and makes a binding decision arraignmentthe first stage of a criminal trial in which the court clerk reads the charges and the defendant enters a plea arrest legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody arrest warrant a written court order directing the arrest of the suspect assaultthreatened or actual physical contact without consent; offensive conduct that causes reasonable apprehension of imminent harm in the mind of the intended victim assault with a weapon or causing bodily harminjuring a person in a way that has serious consequences for the victim’s health or comfort assigneethe person to whom contractual obligations are transferred assignorthe person who transfers his or her contractual obligations to someone else assizestravelling courts attemptthe intention to commit a crime, even if the crime is not completed; the first step after preparation automatisma condition in which a person acts without being aware of what he or she is doing (used as a defence in criminal actions) bailthe temporary release of the accused who posts money or some other security to guarantee his or her court appearance bailiffthe court official who assists the sheriff bait and switchadvertising an item at a low price and maintaining a small amount of stock in the hopes of luring consumers into the store to purchase higher-priced goods balance of probabilitiesthe weighing of evidence to decide whether it is the plaintiff’s or the defendant’s version of the events that is more convincing or likely to be correct banns of marriagea public declaration in a church announcing a couple’s intention to marrybargain in good faithnegotiate with the honest intention of reaching a collective agreement battery intentional, unauthorized physical contact that the victim considers harmful or offensive bench warrantan arrest warrant issued directly by the judge when an accused person fails to appear in court beyond a reasonable doubta 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 bigamythe state of being married to two people at the same time bilateral contractan agreement wherein both parties promise to do something for one another billa proposed law bindingfinal and enforceable in the courts binding arbitrationa process in which a neutral third party, the arbitrator, hears from union and management representatives and makes a final decision that both sides must accept binding-overa sentence ordering a defendant to keep the peace and demonstrate good behaviour for up to 12 months bona fide(Latin) “in good faith”; legitimate, genuine bona fide occupational requirementa qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance breach of contractfailure by a party to perform the obligations agreed to in a contract breaking and enteringbreaking into a place without permission in order to commit an indictable offence such as robbery buggingrecording a speaker’s oral communication by using an electronic device burden of proofthe responsibility to prove one’s case in court; in criminal law, the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt; in civil law, the plaintiff’s obligation to prove his case on a balance of probabilities bylawslaws that deal with local issues and are passed by municipal governments
c.i.f.cost, insurance, and freight; a contractual term that specifies responsibility and delivery arrangements
Canadian Charter of Rights and Freedomsa section of the Constitution Act, 1982, which sets out constitutionally protected rights and freedoms capacityin criminal law, the ability to understand the nature of one’s actions; in civil law, to voluntarily enter into a legally binding contract capital offencea crime punishable by death (applicable only in some jurisdictions) case lawa method of deciding cases based on recorded decisions of similar cases cause-in-factthe “cause and effect” connection between one person’s actions and another person’s injuries caveat emptorLatin for “let the buyer beware”, implying that a purchase is made at the buyer’s risk certificate of divorcea legal document that terminates a marriage certificationan order giving a union the right to negotiate for a collective agreement regulating wages and working conditions for employees chain of custodythe witnessed, written record detailing dates, times, and circumstances of evidence handling by all of the people who had control over items of evidence challenge for causethe right of the Crown or defence to exclude someone from a jury for a particular reason character evidenceevidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence charge to the jury the judge’s explanation to the jurors of how the law applies to the case before them chattelpersonal property that can be moved child supportpayment the non-custodial parent makes to the custodial parent to financially meet the needs of their child or children circuit judgejudges of travelling courts circumstantial evidenceindirect evidence that leads to a reasonable inference of the defendant’s guilt citationthe reference heading of a legal case which provides information as to the type of case, the court in which it was heard, and the year of the decision; allows the case to be easily found in report series citizen’s arrestan arrest without a warrant by any person other than a peace officer civil lawthe area of law that deals with legal relationships between individuals and between individuals and organizations; also known as private law. Also, a system of law based on codified or statute law e.g. the Quebec Civil Code civil libertiesbasic individual rights protected by law, such as freedom of speech class action suita lawsuit initiated by a group of people concerning a complaint common to all of them claima legal document in a civil action outlining the plaintiff’s case against a defendant clerical mistakean error made in recording the details of a contract closed custodyhighly secured provincial facilities for dangerous offenders
c.o.d.cash on delivery; a contractual term that specifies responsibility and delivery arrangements
Code of Hammurabi one of the earliest-known sets of recorded laws, written by King Hammurabi of Babylon in the eighteenth century BCE
Code of Li’kveia set of Chinese laws written around 350 BCE codifiedarranged and recorded systematically cohabitation agreementa domestic contract that sets out the rights and obligations of two people living together in a common-law relationship collective bargaininga process in which individual workers in a unions negotiate a contract between the union and the employer covering their wages, hours of work and working conditions collusionan agreement between the spouses to deliberately lie or deceive the court in order to obtain a divorce colour of rightthe honest belief that a person owns or has permission to use an item common lawlaw that developed in English courts; relies on case law (as opposed to statute law) and is common to all people; also known as English common law common-law relationshipan intimate relationship between two individuals who live together but are not legally married common mistakean error made by both parties to a contract about the same thing community service ordera sentence to perform certain community services for a specified period complainant the person making an allegation of discrimination compulsion or duressa defence in which the accused person is forced by the threat of violence to commit a criminal act against his or her will conciliationbringing conflicting parties to a resolution of their differences concurrent sentencessentences served at the same time conditiona very important term in a contract conditional dischargereleasing a convicted offender under certain terms and erasing his or her criminal record after three years, provided the terms have been met conditional releaseserving part of a sentence in the community under supervision condonation one spouse forgiving the other for an act that is being used as grounds for divorce connivanceone spouse encouraging the other to commit an act that would constitute grounds for divorce consanguinitybeing closely related by blood consecutive sentencessentences served one after the other consentto agree voluntarily to an action; also, permission granted voluntarily for a specific act considerationsomething of value that either benefits the party that receives it or is a loss or inconvenience to the party that provides it; also, money or money’s worth conspiracyan agreement between two or more people to carry out an illegal act, even if that act does not actually occur constitutional lawthe body of public law set out in the Constitution that deals with the distribution and exercise of the powers of government and establishes paramount legal principles and standards constructive discriminationemployment policies that inadvertently exclude certain individuals, resulting in discrimination consummationlegally validating a marriage through sexual intercourse between husband and wife contaminationthe loss, destruction, or alteration of physical evidence contracta written or oral agreement between two or more competent parties that can be enforced in court contract lawthe branch of civil law that provides rules regarding agreements between people and businesses when they purchase or provide goods and services contract under seala written agreement bearing a red sticker, handwritten dot, or the word seal; in some provinces, certain contracts must still be under seal to be enforceable by law (e.g. agreements for the sale of land) contrary to public policyagainst the morals and ethics of a community contributory negligencenegligent actions by the plaintiff that were the partial cause of the plaintiff’s own injuries (e.g. failure to wear a seat belt in an auto accident) controlled substanceany narcotic or drug listed in Schedules I to V of the Controlled Drugs and Substances Act conventiona way of doing something that has been accepted for so long that it amounts to an unwritten rule; also, an agreement between countries conversionunauthorized and substantial interference with another’s property that deprives the owner of its use (a tort) corporate lawlaw that governs the rules and regulations associated with public and private corporations counsellinga crime that involves advising, recommending, or persuading another person to commit a criminal offence counterclaiman action brought by the defendant in response to the plaintiff’s claim that is aimed at diminishing or removing the defendant’s liability counterofferan offer made in response to an existing offer court clerkthe court official who assists the judge in administering oaths and performing other duties court reporterthe court official who records everything said in court during a trial court security officerthe court official who maintains security in the courtroom credit buyingpurchasing goods by paying for them in instalments that include interest or service charges crimean act or omission of an act that is prohibited and punishable by federal statute crime scenethe site where the offence took place criminal lawa category of public law that prohibits and punishes behaviour that injures people, property and society as a whole criminal negligencewanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death cross-claima claim made between parties on the same side of a litigation cross-examinationthe second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel
Crown attorneythe lawyer representing the government’s interests in prosecuting criminal offenders
Crown wardship orderan order by a family court judge that permanently removes children from the parents’ home and makes the state their guardian crueltythe mental or physical behaviour of one spouse causing harm to the other, making staying together intolerable culpabilityguilt; blameworthiness culpable homicidea killing for which the accused can be held legally responsible, such as murder, infanticide or manslaughter custodial parentthe parent responsible for the child’s care when the parents separate custody and supervision ordera court order 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 under supervision custodyin criminal law, a sentence entailing assignment to a group home, participation in a wilderness camp, or incarceration in a youth correctional facility; in family law, care of a child awarded by a court when a couple separates customan established way of doing things which acquires the force of law custom marriagean Aboriginal marriage ceremony that follows traditional practices customary lawa common pattern that has emerged over time to become binding in international law damagesmoney awarded by the court in compensation for a loss or wrong suffered dangerous offendersomeone who constitutes a threat to the life, safety, or well-being of others day paroleconditional absence from custody during the day only defamationinjury to a person’s character or reputation by slander or libel defaultfailure to do something required by law default judgmenta judgment against a party who failed to defend a claim in court defencea denial of, or a justification for, an act defence counselthe lawyer who represents the defendant’s interests defence of a third partythe legal right to use reasonable force to protect a person from being injured by another party defence of propertya defence stating that a person can use reasonable force to protect his or her property defendantthe party being sued in a civil action; also the party charged with an offence in a criminal action defined accessvisits with the child by the non-custodial parent that are defined by the court denunciationpunishment designed to show the offender that society condemns his or her conduct deportationa sentence expelling an offender from the countryderogate to take away or detract from detentionlegally depriving a person of liberty for the purpose of asking questions, with or without physical restraint diplomatic asylumprotection sought in embassies of other countries by individuals fearing for their safety diplomatic immunitythe exemption from certain laws granted to diplomats by the state in which they are working direct discriminationan overt act of discrimination direct evidencetestimony given by a witness to prove an alleged fact directed verdicta decision by the judge to withdraw the case from the jury and enter a verdict of not guilty after the Crown closes its case where there is insufficient evidence to support a conviction discretionfreedom to decide a matter in accordance with the principles of fairness discrimination making a distinction between people and treating them differently on a basis other than individual merit disorderly housea place used for the purpose of prostitution, gambling, or betting; also known as a common bawdy house disseminationspreading ideas widely dissenting opinionjudicial opinion that disagrees with the majority opinion regarding a point of law distinguishing a casea decision by a judge to reject previous decisions and create a new precedent divine rightthe idea that monarchs and their successors derived their power to rule from God and that they were accountable only to God division of powersin Canadian constitutional law, the division of jurisdiction to enact legislation between the federal government and the provinces, specifically as dictated by ss.91 and 92 of the British North America Act, 1867 divorcethe legal termination of a marriage domestic contracta legal agreement defining rights and obligations of married or cohabiting partners domestic lawlaw that governs activity within a nation’s borders double jeopardythe legal doctrine that an accused person cannot be tried twice for the same offence due diligencethe defence that the accused took every reasonable precaution to avoid committing a particular offence duressin criminal law, the defence that the accused was forced by the threat of violence to commit a criminal act against his or her will; in civil or private law, the use of unlawful pressure or threats to force a person to do something (e.g., enter into a contract, make a will), which invalidates that act duty counsela lawyer on duty in a courtroom or police station to give free legal advice to persons arrested or brought before the court duty of care the obligation to foresee and avoid careless actions that might cause harm to others dwelling house the whole or part of a building or structure that is occupied on a permanent or temporary basis as a residence electionin criminal law, the choice the Crown has whether to prosecute a hybrid offence as an indictable offence or by summary conviction; also, the choice an accused has in some offences whether to be tried by Provincial Court Judge, by Superior Court Judge alone, or by Superior Court Judge with a jury electronic monitoringallowing an offender to serve a sentence at home with electronic supervision from a remote location electronic surveillancethe use of any electronic device to overhear or record communications between two or more people employment lawthe branch of civil law that governs employer-employee relations entrapmenta defence against police conduct that illegally induces the defendant to commit a criminal act entrenchto place within for purposes of protection; in constitutional law, to protect or guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution equalization paymentwhat the spouse with the higher value of assets pays to the other spouse to make the division of the couple’s total assets more equitable when they separate essential requirementsfederal laws that establish whether a person can marry estate lawthe branch of civil law that deals with the division and distribution of property after death evidenceinformation that tends to prove or disprove the elements of an offence examination for discoveryexamination of evidence by both sides before a civil trial exculpating factora factor that clears a defendant of blame executive branchthe administrative branch of government responsible for carrying out the government’s plans and policies; consists of the prime minister (or premier), the Cabinet, and the public or civil service exemption clausesclauses that release a party from liability explanationa defence claiming that an accident occurred for a valid reason even though the defendant took every precaution express contractan agreement in which the terms have been discussed and agreed upon in advance extraditionsurrendering an accused person to another jurisdiction to stand trial extra-judicial sanctionsparticipation in community-based programs instead of going to court fair commentthe defence to defamation that the comments made about a person were honest and made without malice false imprisonmentdetention of a person without consent and without legal authority family assetsproperty owned by either spouse (or both) and normally used for family purposes family group conferencingan alternative measures program in which the victim and the offender meet with family members and other concerned parties to determine restitution family lawthe branch of civil law that deals with various aspects of family life
Federal Court of Canadaa court that hears cases involving the federal government; consists of a trial and appeal division federal systemsystem of government where responsibility for governing is divided between two levels of government: the central government and the provincial government finesspecific amounts of money paid to the court as penalties for offences fingerprinta patterned mark left on a surface by a fingertip first-degree murdera killing that is planned and deliberate, is the result of a contract, causes the death of a peace officer, or occurs during the commission of another serious crime forensic sciencethe use of biochemical and other scientific techniques to analyse evidence in a criminal investigation foreseeabilitythe ability of a reasonable person to anticipate the consequence of an action formal requirementsprovincial and territorial laws regarding the solemnization of marriage (the wedding ceremony) franchisethe right to vote fraudintentionally deceiving someone in order to cause a loss of property, money or service fraudulent misrepresentationa statement that the maker knows is false, made with the intent to cause the other person to act on the statement freedomthe right to conduct one’s affairs without governmental interference frustrationan event or circumstance that makes the performance of a contract impossible full paroleconditional release from custody after serving one-third to one-half of a sentence future considerationconsideration that is exchanged after a contract is formed garnishmenta court order requiring that money owed by a defendant to a plaintiff be paid out of the defendant’s earnings or bank account general deterrencepunishment to discourage people in general from offending general intentthe desire to commit a wrongful act for its own sake, with no ulterior motive or purpose globalizationthe trend toward an international free trade market in goods and services with minimal interference by national governments goodsmerchandise that can be purchased government or public billa bill that is proposed by a Cabinet minister gratuitous promisean offer that gives benefit to the offeree only (generally not enforceable as a contract) gravamenthe most serious part of an accusation
Great Laws of Manulaws compiled in India between 1280 and 880 BCE, previously transferred through oral tradition guardian ad litemthe person appointed to act on behalf of a minor or person under a disability who is being sued habeas corpusa court order designed to prevent unlawful arrest by ensuring that anyone detained is brought before a court within a reasonable amount of time; Latin for “you must have the body” harassmentpersistent annoying or negative behaviour that violates the human rights of the victim hearsay evidence consisting of matters that a witness was toldhomicidethe killing of another human being, either directly or indirectly hostsomeone who serves alcohol to guest or paying customers 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 human rights codeslegal documents that protect people from prohibited discrimination hung jurya jury that cannot reach a unanimous verdict and, consequently, is dismissed from the case hybrid offencean offence which the Crown can try either as a summary conviction offence or and indictable offence; also known as a dual procedure offence implied conditionsessential elements of a contract that are not specifically stated in the contract implied contractan agreement in which the parties indicate consensus through their conduct inalienable rightsentitlements that are guaranteed and cannot be surrendered or transferred to another, for example, equality and liberty incapacity of childrenthe legal presumption that a child under the age of 12 cannot form the necessary mens rea to be convicted of a crime incarcerationimprisonment for a specified period of time indeterminate sentencea sentence that allows an offender to be held for an indefinite period of time indictable offencea serious crime that carries a heavier penalty than a summary conviction offence inevitable accidenta defence claiming that an accident was unavoidable due to an uncontrollable event infanticidethe killing of a newborn infant by the child’s mother informationa statement given under oath, informing the court of details of the offence injunctiona court order requiring or prohibiting an action innocent misrepresentationa false statement that is believed to be true by the party making it innocent passagea doctrine that allows international navigation of territorial seas on the conditions that no fishing or illegal activities occur inquisitorial systema trial system common in many parts of Europe in which judges play an active role in the calling and questioning of witnesses in order to seek the truth insane automatisma condition, caused by a mental disorder, in which a person acts without being aware of what he or she is doing intelligencethe collecting, evaluating, analysing, and reporting of information, especially of a military, criminal, or political nature intenta 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 intentional infliction of nervous shock or mental sufferingdeliberately shocking someone, causing the person to suffer mental or physical harm intentional tortsactions intended to cause injury to others intermittent sentencea sentence of less than 90 days that may be served on weekends and at night internmentconfinement, such as in wartime, when a country forces people considered enemies to live in a special area or camp international lawlaws that govern the conduct of independent nations in their relationships with one another intervenersthird-party participants in a legal proceeding; also called “friends of the court” intervening actan unforeseeable event that interrupts the chain of events started by the defendant intestatenot having made a will before death intoxicationthe condition of being overpowered by alcohol or drugs to the point of losing self-control intra viresLatin for “within the power”, which means the power a government has to pass laws within its own jurisdiction invitation to treata communication intended to elicit offers from the persons who receive it inviteea person invited onto a property for a business purpose invoketo put a law into effect joint custodyone parent has primary care of the child, but both parents make decisions concerning the child’s upbringing judgethe court official appointed to try cases in a court of law and to sentence convicted persons judicial activismthe perception that judges, rather than Parliament, are making laws and imposing their personal values in their judgements judiciarythe branch of law made up of justices, or judges, who adjudicate disputes, interpret the law and decide on punishments in Canada’s court systemjurisdictionthe political or legal authority to pass and enforce laws; also, the judicial authority to decide a case jurisprudencethe science or philosophy of law, including the study of the structure of the legal system and the application of law juryin criminal law, a group of 12 people who decide whether the accused is guilty or not guilty; in civil law, a group of 6 people (in most provinces) who decide for the plaintiff or the defendant jury panelthe large group of randomly selected citizens from which jury members are chosen justice of the peacea court official who has less authority than a judge but can issue warrants and perform other judicial functions
Justinian’s Codethe clarification and organization of Roman law commissioned by Byzantine Emperor Justinian I (527-565 CE) juvenile delinquentsunder the Juvenile Delinquents Act, children between 7 and 16 to 18 years of age (depending on the province) who committed crimes or were considered “unmanageable” or “sexually immoral” knowledgean awareness of certain facts that can be used to establish mens rea lapseto terminate or cease to exist latent fingerprintsa print formed by natural oils and perspiration on the fingertip that is invisible to the naked eye leavepermission to appeal a case from a lower court to a higher court legal authoritythe right given by law for a person to perform an action that would otherwise be considered a tort legal purposea purpose not forbidden by law legislative branchthe branch of government that has the powers to make, change and repeal laws; consists of the House of Commons and Senate at the federal level and the Legislative Assembly at the provincial and territorial level liabilitylegal responsibility for a wrongful action liability insuranceinsurance that covers part or all of the damages awarded in a tort case liablelegally responsible for a wrongful action libela written or recorded statement that damages a person’s reputation or character licensee a person with express or implied permission to pay a social visit lienthe right to hold or dispose of another person’s property in payment for a debt line-upa group of people shown to a victim or a witness for the purpose of identifying the perpetrator litigantsthe parties involved in a civil action litigationlegal action to resolve a civil dispute lobby groupsorganizations that try to influence legislators in favour of their cause lock-outan action in which an employer locks employees out of the workplace to pressure them to reach agreement on a new contract
Magna Cartaa charter signed by King John of England in 1215 that recognized individual basic rights for people in England malicean ulterior or improper reason for publishing a negative or defamatory statement about an individual malicious prosecutionwrongful prosecution of a person without reasonable and probable cause mandatea government’s or agency’s scope of authority, as defined by law or democratic process manslaughterany culpable homicide that is not murder or infanticide manufacturer’s warrantya promise from a manufacturer that a product will work for a specific period of time and, if not, the product will be repaired without cost to the purchaser marriage breakdowngrounds for divorce under the Divorce Act, 1985 marriage contracta legal agreement between spouses that deals with specific aspects of a marriage, including the division of property in the event of divorce, separation, or death marriage licence a legal document proving that two people are married to each other matrimonial homein a divorce, the principal residence where the spouses resided before their separation maximum-security institutiona highly secured federal correction facility mediationan ADR process in which a neutral third party works with the parties in a dispute to reach a compromise or settlement agreeable to both parties medical battery performing the wrong medical procedure or performing a procedure without obtaining the valid consent of the patient medium-security institutiona federal correction facility with few barriers and some freedom of movement meeting of the mindsa clear understanding between the parties regarding the terms of a contract and their willingness to abide by them mens reaLatin for “the guilty mind”; a deliberate intention to commit a wrongful act, with reckless disregard for the consequences mental disorderdefined in the Criminal Code as a “disease of the mind” minimum-security institutiona federal correctional facility without exterior barriers mischiefwilfully destroying or damaging property or data, interfering with the lawful use of property or data, or interfering with any person in the lawful use of property or data misrepresentationa false or inaccurate statement of fact given in contract formation that invalidates a contract mistakeconfusion or error about the identity of the person an individual is marrying or about the purpose of the ceremony; an error about an important term of a contract mistake of facta defence that the accused made an honest mistake that led to the breaking of the law mistake of lawignorance of the law mitigating factors or circumstancescircumstances that may decrease the severity of an offender’s sentence mitigation of damagesobligation on the part of the injured party to attempt to minimize their losses money launderingthe practice of transferring cash or other properties to conceal their illegal origin monogamythe state of being married to one person
Mosaic LawBiblical or Hebrew law found in the Old Testament motion for dismissala request by defence counsel that the judge dismiss the charges against the defendant motive the reason a person commits a crime multilateralamong many countries or parties murderthe intentional killing of another human being mutual mistakean error made by both parties to a contract about different things
Napoleonic Codea code of law in France commissioned by Napoleon Bonaparte in 1804 nationalizetake over an industry, service, or land from private ownership on behalf of the state natural lawthe theory that human laws are derived from eternal and unchangeable principles that regulate the natural world, and that people can become aware of these laws through the use of reason necessariesbasic items a person requires to function, such as food, clothing, shelter, and medical and dental care necessitythe defence that the accused had no reasonable alternative to committing an illegal act negligencecareless conduct that causes foreseeable harm to another person negotiationa process whereby both parties participate in discussion to reach a mutually acceptable agreement neighbour principlethe legal responsibility not to harm one’s neighbour through careless or negligent actions net family propertythe value of a couple’s assets, less any debts, on the date the relationship ends next friendan adult representing a child or person under a disability, who initiates a civil lawsuit nominal damagesminimal compensation awarded by the court to the plaintiff to acknowledge a moral victory non est factumLatin for “it is not my deed”, which can be used as a defence to void a contract non-culpable homicidea killing for which a person cannot be held legally responsible, such as one that results from an unforeseeable accident non-insane automatisma condition caused by an external factor, such as a concussion or medication, in which a person acts without being aware of what he or she was doing non-pecuniary damagescompensation to the plaintiff for losses that do not involve an actual loss of money and are often difficult to quantify notwithstanding clauseSection 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 novationreplacement of an old contract with a new contract occupiers’ liabilitythe responsibility of owners or renters to ensure that no one entering their premises is injured offera proposal to another party to enter into an agreement on certain terms offereea person who receives an offer to enter into an agreement offerora person who makes an offer to enter into an agreement officially induced errora defence that the accused person relied on erroneous legal advice from an official responsible for enforcing a particular law ombudsmanan official appointed to receive and investigate citizens’ grievances against the government open custodya youth sentence directing a youth to stay in a group home or participate in a wilderness camp for a certain period; also, less secure provincial facilities for non-violent offenders oral contracta verbal agreement between two or more parties order of unconscionabilityan order requiring a division of property that recognizes the unequal contribution of the spouses override to prevail over pardonthe setting aside of a person’s record of conviction parolerelease of an inmate, on a promise of good behaviour, into the community before the full sentence is served particularsthe specific details of a claim in a civil action parties to an offencepeople indirectly involved in committing a crime party to a common intentionthe shared responsibility among criminals for additional offences that are committed in the course of the crime they originally intended to commit past considerationa benefit conferred before a contract is alleged to have been formed patriateto bring legislative power under the authority of the country to which it applies peace officera person responsible for preserving the public peace, such as a police officer, a mayor, or a customs officer pecuniary damagescompensation for losses (as assessed by the court) to be paid to the plaintiff peremptory challengethe right of the Crown or the defence to exclude someone from a jury without providing a reason performancecompletion of the obligations under a contract perimeterthe area surrounding the centre of a crime scene, where the offender may have left evidence perjurythe criminal offence of knowingly making false statements in court while giving evidence under oath or affirmation perpetratorthe person who actually commits a crime petitionerthe person who initiates a divorce action petition for divorcea document providing reasons for the divorce and arrangements for support payments and child custody physical evidenceany object, impression, or body element that can be used to prove or disprove facts relating to an offence plaintiffthe party initiating a legal action plea bargaina negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence pleadingsdocuments stating the claims and defences of the parties involved in a civil action poisoned environmentan uncomfortable or disturbing atmosphere created by the negative comments or behaviour of others police loga written record of what an officer has witnessed positive lawlaws that are enacted and adopted by government possession the state of having knowledge of and control over something prejudicea preconceived opinion based on a stereotype or inadequate information preliminary hearinga judicial inquiry to determine whether there is sufficient evidence to put the accused on trial present considerationsomething of value that is exchanged at the time a contract is formed pre-sentence reportbackground information about the convicted offender prepared for the judge prior to sentencing presumptive offencesserious crimes including murder, attempted murder, manslaughter, aggravated sexual assault, and repeat serious violent offences prima facielegally sufficient to establish a fact or case unless disproved by contrary evidence primary sources of lawthose parts of a legal system that have the longest historical development and represent the system’s cumulative values, beliefs, and principles
Principle of EqualizationSection 36 of the Constitution Act, 1982, which includes the principle that essential services such as health care, education, or access to social services should be available equally to residents in all parts of Canada private member’s billlegislation that is proposed by a Member of Parliament (MP) or Member of the Legislative Assembly or Provincial Parliament (MLA or MPP) who is not in the cabinet private lawthe body of law that regulates disputes between individuals, businesses, or organizations; sometimes called civil lawprivity of contractin a contract, the rights and obligations of the parties to the contract probatecertification by a court of competent jurisdiction that a Will is in fact the Last Will and Testament of the deceased probationa sentence that allows a convicted offender to live in the community under the supervision of a parole officer procedural lawlaw that prescribes the methods of enforcing the rights, duties, and responsibilities of substantive law product liabilitythe area of law that deals with negligence on the part of manufacturers promise to appeara signed agreement that an accused person will appear in court at the time of the trial property lawthe branch of civil law that governs ownership rights in property, whether real or personal prostitutionthe act of engaging in sexual services for money protective custodyseparation of dangerous offenders for their own protection from the rest of the prison population
Provincial Courtthe lowest level in the hierarchy of Canadian Courts provocationwords or actions that could cause a reasonable person to behave irrationally or lose self-controlpsychiatric assessmenta report prepared by a psychiatrist describing the mental history of the offender public lawa category of substantive law that regulates the relationship between the government and its citizens public mischiefproviding false information that causes the police to start or continue an investigation without cause public nuisanceunreasonable and substantial interference with interests that affect the community at large, such as public health and safety punitive (or exemplary) damagesdamages imposed to punish the defendant for reprehensible conduct qualified privilegeprotection from liability for statements made in certain situations as long as the statements are made without malice quasi-criminal lawslaws covering less serious offences at the provincial or municipal level; most often punishable by fines
Quebec Civil Codethe system of law used in Quebec for resolving private matters; based on the French Civil Code racial profilinga practice relying on racial stereotypes rather than reasonable suspicion to single out persons for greater scrutiny in law enforcement
Rand Formulathe requirement that, in a bargaining unit in which the majority vote to join a union, all members must pay union dues whether or not they join the union ratificationan indication of willingness to be bound by a contract ratifygive formal consent to an agreement ratio decidendiLatin for “the reason for the decision”, referring specifically to the part of the judge’s decision that provides the legal reasoning behind the decision read downto rule that, while a piece of legislation may generally be consistent with the Charter, it is inconsistent in the particular case at hand reasonable accessan agreement between parents that allows the non-custodial parent flexible visiting times with the child reasonable groundsinformation that would lead a reasonable person to conclude that the suspect had committed a criminal offence reasonable limitsrestrictions on rights and freedoms that are imposed if the merits of the limits are determined to advance society’s interests reasonable personan ordinary person of normal intelligence rebutto contradict evidence introduced by the opposing side recidivismreturning to crime after being released from prison recklessnessconsciously taking an unjustifiable risk that a reasonable person would not take (adv. reckless) recognizancea guarantee that the accused will appear in court when required, under penalty of a fine of up to $500regulatory lawsfederal or provincial statutes meant to protect the public welfare rehabilitationtreatment and training programs designed to help jailed offenders function in society remedythe relief sought by the plaintiff in a civil suit; the method by which a person’s rights are enforced or violations of these rights are compensated remoteness of damageharm that could not have been foreseen by the defendant due to the lack of a close connection between his or her wrong action and the resulting injury reparationsformal economic compensation, often from one sovereign state to another, for harm done in the course of armed conflict repudiationwords or conduct that indicate one of the parties will not honour its obligation under the contract rescissionrestoring the parties to the positions they would have occupied had there been no contract between them residual powersfederal responsibility to make laws in areas not specifically assigned to either the federal government or to the provinces respondent the party that responds to an appeal; also, the person or organization being sued in a legal action, such as a divorce or complaint of discrimination restitutionpunishment that requires the offender to pay the victim or society back for the harm or loss caused by the crime retributionpunishing an offender for revenge or to satisfy the public that the offender has paid for the crime reverse onusshifting the burden of proof to the defence revoketo withdraw or take back rightan entitlement that citizens can expect from their government, for example, the right to a fair trial riparian rightsthe right of an owner of land bordering on a lake, river, or stream to sue another person who interferes with the quality or quantity of the water robberythe theft of personal property through violence or threat of violence
Royal Commissiona board of inquiry appointed by the government to investigate and report on a particular issue
Royal Prerogative of Mercya release or sentence reduction granted by the Queen under the authority of an Act of Parliament
Rule of Lawa three-part principle of justice stating that the law is necessary to regulate society, the law applies equally to everyone, and people are not governed by arbitrary power rule of precedentapplying a previous decision to a case that has similar circumstances salethe immediate exchange of title for goods when a contract is made sanctionspenalties or action imposed as a means of influencing behaviour scaba derogatory term used to describe a worker hired as a temporary replacement during a strike or lock-out search warranta court document that gives the police the right to search a specific location secondary sources of lawcurrent laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges second-degree murderany murder that does not fit into one of the four situations listed in the category of first-degree murder secure custodya sentence that incarcerates a youth in a special youth facility self-defencethe legal right to use reasonable force to protect oneself against injury from another sentencepunishment imposed on a person convicted of committing a crime sentencing circlean alternative measures program used in the Aboriginal community that involves a process of healing for both the victim and the offender sentencing hearingthe judge’s opportunity to consider all the facts and listen to recommendations before passing sentence separation agreementa domestic contract that sets out the terms and conditions of the separation, dealing with issues such as support payments and the division of assets and property servicesways of meeting consumer needs that do not involve the purchase of tangible goods settle out of courtthe parties agree to settle the dispute among themselves instead of going to court to resolve it sexual assaultan assault that violates a victim’s sexual integrity; usually involves touching of a sexual nature that is not invited or consensual sexual assault with a weapon, threats to a third party, or causing bodily harma form of sexual assault that involves the use of weapons, threats, or physical injury sexual harassmentunwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti shared cost agreementsagreements between the federal and provincial governments to share the cost of certain programs such as health care shared custodyboth parents spend equal time with the child and make decisions involving the child’s upbringing sheriffthe court official responsible for jury management show-cause hearinga judicial hearing in which the Crown or the accused has to convince the judge either to detain or release the accused before trial slanderan oral statement or gesture that damages a person’s reputation or character sole custodyonly one parent has care of the child and makes all major decisions about the child’s upbringing solemnization of marriagethe wedding ceremony special damagescompensation to the plaintiff for expenses such as drugs or ambulance services, deemed to result from the defendant’s actions specific intentthe mental intent to commit a specific act prohibited by law, where the accused’s intent goes beyond the prohibited act itself to include another, criminal purpose specific performancea court order that requires a person do something previously promised in a contract specified accessthe right of the non-custodial parent to certain pre-arranged visits with the child, and to inquire about the child’s health, welfare and education spousal supportfinancial assistance paid by one spouse to another after a marriage breakdown standard of carethe level of care, or degree of caution, expected when a reasonable person is carrying out an action standinga legal right to sue; a person who tries to bring suit where he or she has no standing will have the action dismissed state sovereigntythe lawful control by a state over its territory, right to govern in that territory, and authority to apply law there to the exclusion of other states statuteslaws or acts passed by a government body; such as Parliament or a provincial legislature statutory release an inmate’s release from an institution as required by law; except for certain offences, once two-thirds of the sentence is served stereotypingjudging one person of a group and applying that judgement to all group members strict liabilityculpability based on the commission of an actus reus and inability to prove the defence of due diligence strikewithdrawal of labour by workers during negotiations for a contract, a tactic designed to pressure employers to reach a new agreement strike downto rule that a piece of legislation is inconsistent with the Charter and is no longer valid substantive lawa law that identifies the rights and duties of a person or level of government summary convictionterm used describe an offence under the Criminal Code, prosecuted in a manner less complex and carrying penalties less severe than an indictable offence summonsa document designed to ensure an accused’s attendance in court; issued by a justice or judge after an arrest is made tamper to interfere improperly or in violation of the law such as to tamper with a document. The term "jury tampering" means to illegally disrupt the independence of a jury member with a view to influencing that juror otherwise than by the production of evidence in open court. tenancy by the entireties a form of co-ownership in English law where, when a husband transferred land to his wife, the property could not be sold unless both spouses agreed nor could it be severed except by ending the marriage. tenant a person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent. The contract for this type of legal arrangement is called a lease. The word "tenant" originated under the feudal system, referring to land "owners" who held their land on tenure granted by a lord. tenants in common similar to joints tenants. All tenants in common share equal property rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant. Unity of possession but distinct titles. tender an unconditional offer of a party to a contract to perform their part of the bargain. For example, if the contract is a loan contract, a tender would be an act of the debtor where he produces the amount owing and offers to the creditor. In real property law, when a party suspects that the other may be preparing to renege, he or she can write a tender in which they unequivocally re-assert their intention to respect the contract and tender their end of the bargain; either by paying the purchase or delivering the title. tenement property that could be subject to tenure under English land law; usually land, buildings or apartments. The word is rarely used nowadays except to refer to dominant or servient tenements when qualifying easements. tenure a right of holding or occupying land or a position for a certain amount of time. The term was first used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behaviour." territorial seaa belt of coastal waters and their resources under the sovereign control of the coastal state; set at 3 miles and later extended to 12 miles testamentary trust a trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. testator a person who dies with a valid will. testimony the verbal presentation of a witness in a judicial proceeding. Torrens land registration system a land registration system invented by Robert Torrens and in which the government is the keeper of the master record of all land and their owners. In the Torrens system, a land title certificate suffices to show full, valid and indefeasible title. Used in Australia and several Canadian provinces. tort derived from the Latin word tortus which meant wrong. In French, "tort" means a wrong". Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury. Every person is expected to conduct themselves without injuring others. When they do so, either intentionally or by negligence, they can be required by a court to pay money to the injured party ("damages") so that, ultimately, they will suffer the pain cause by their action. Tort also serves as a deterrent by sending a message to the community as to what is unacceptable conduct. tort-feasor name given to a person or persons who have committed a tort. tracing a legal proceeding taken under the law of equity where the plaintiff attempts to reclaim specific property, through the court, whether the property is still in the first acquirer's hands or it has passed onto others, and even if the property has been converted (related common law terms: conversion, trover and detinue). This is a procedure frequently used by a trust beneficiary to recover misappropriated trust property. trade uniona group of workers who form an organization to bargain collectively with employers to improve working conditions, benefits, and wages transferee a person who receives property being transferred (the person from whom the property is moving is the transferor). transferor a person from whom property moves. Property is transferred from the transferor to the transferor. I sell you my house and in transferring title to you, I am the transferor and you, the transferee. transnational corporation (TNC)a company that conducts its business in more than one country; also known as a multinational corporation treaty a formal agreement between two states signed by official representatives of each state. A treaty may be "law-making" in that it is the declared intention of the signatories to make or amend their internal laws to give effect to the treaty. The Berne Convention is an example of such as treaty. Other treaties are just contracts between the signatories to conduct themselves in a certain way or to do a certain thing. These latter type of treaties are usually private to two or a limited number of states and may be binding only through the International Court of Justice . trespass unlawful interference with another's person, property or rights. Theoretically, all torts are trespasses. trier of factthe determiner, whether judge or jury, of the facts on the basis of admissible evidence trover an old English and common law legal proceeding against a person who had found someone else's property and has converted that property to their own purposes. The action of trover did not ask for the return of the property but for damages in an amount equal to the replacement value of the property. English law replaced the action of trover with that of conversion in 1852. trust property given by a person called the donor or settlor, to a trustee, for the benefit of another person (the beneficiary or donee). The trustee manages and administers the property, actual ownership is shared between the trustee and the beneficiary and all the profits go to the beneficiary. The word "fiduciary" can be used to describe the responsibilities of the trustee towards the beneficiary. A will is a form of trust but trusts can be formed during the lifetime of the settlor in which case it is called an inter vivos or living trust. trustee the person who holds property rights for the benefit of another through the legal mechanism of the trust. A trustee usually has full management and administration rights over the property but these rights must always be exercised to the full advantage of the beneficiary. All profits from the property go to the beneficiary although the trustee is entitled to reimbursement for administrative costs. There is no legal impediment for a trustee to also be a beneficiary of the same property. ultra vires Latin for “outside the power”. Without authority. An act which is beyond the powers or authority of the person or organization which took it. undue hardshipthe result of a change that would affect the economic viability of an employer or produce a substantial health or safety risk that outweighs the benefits of accommodating someone unjust enrichment a legal procedure whereby you can seek reimbursement from another who benefited from your action or property without legal justification. There are said to be three conditions which must be met before you can get a court to force reimbursement based on "unjust enrichment": an actual enrichment or benefit to the defendant, a corresponding deprivation to the plaintiff, and the absence of a legal reason for the defendant's enrichment. For example (and only theoretically as many countries have laws which have modified equity law in some situations), if you found somebody else's cash and spent it, you might be sued for reimbursement under unjust enrichment. The legal theory behind unjust enrichment is the constructive trust, which the court imposes upon the circumstances to hold the person unjustly enriched as the trustee for the person who should properly get the property back, held to be the beneficiary of the constructive trust. usufruct from ancient Roman law (and now a part of many civil law systems), "usufruct" means the rights to the product of another's property. For example, a farmer may give a right of "usufruct" of his land to a neighbour, thus enabling that neighbour to sow and reap the harvest of that land. usury excessive or illegal interest rate. Most countries now prohibit interest rates above a certain level; and rates which exceed these levels are called "usury". utilitarianismthe theory that the law should achieve the greatest good for the greatest number of people vagrant a tramp or homeless person. vehicle any thing that is designed to transport persons or objects. A bicycle has been held to be a vehicle. vendor the seller; the person selling. venue this has the same meaning as in everyday English except that in a legal context it usually refers specifically to the location of a judicial hearing. For example, if a criminal case has a very high media profile in a particular city, the "venue" may change to another city to ensure objective witnesses (i.e. that would not have been spoiled by media speculation on the crime). verba fortius accipiuntur contra proferentem Latin: a principle of construction whereby if words of a contract are ambiguous, of two equally possible meanings, they should be interpreted against the author of the words and not against the other party. verdict the decision of a judge or jury. In criminal cases, this is usually expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the plaintiff or for the defendant. vetoa power to reject something, usually a law or a political measure videlicet Latin for "to wit" or "that is to say." "Viz.", which is the abbreviation of videlicet, is much more commonly used. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement. For example: "The defendant committed adultery; viz., on April 15th, at approximately 10:30 pm, he had sexual intercourse with Ms Jane Doe." vicarious liability when a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by their employees. victim impact statementverbal or written statement given by a victim or victim’s family to describe the personal consequences of the crime vis an abbreviation of the Latin word videlicet. Short for "namely" or "that is to say." void or void ab initio not legally binding. A document that is void is useless and worthless; as if it did not exist. For example, in many countries, contracts for immoral purposes are said to be "void": unenforceable and not recognized by the courts. A good example is a contract to commit a serious crime such as murder. voidable the law distinguishes between contracts which are void and those which are voidable. Some contracts have such a latent defect that they are said to be void (see definition of "void" above). Other have more minor defects to them and are voidable at the option of the party victimized by the defect. For example, contracts signed by a person when they are totally drunk are voidable by that person upon recovering sobriety. voir dire a mini-hearing held during a trial on the admissibility of contested evidence. For example, a defendant may object to a plaintiff's witness. The court would suspend the trial, immediately preside over a hearing on the standing of the proposed witness, and then resume the trial with or without the witness, or with any restrictions placed on the testimony by the judge as a result of the voir dire ruling. In a jury trial, the jury would be excused during the voir dire. volenti non fit injuria voluntary assumption of risk. A defence in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation for an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury. waiver when a person disclaims or renounces to a right that they may have otherwise had. Waivers are not always in writing. Sometimes a person's actions can be interpreted as a waiver. warrantgrant of judicial authority to arrest or search warranty a guarantee given on the performance of a product or the doing of a certain thing. For example, many consumer products come with warranties under which the manufacturer will repair or replace any product that fails during the warranty period; the commitment to repair or replace being the "warranty". waste the abuse, destruction or permanent change to property by one who is merely in possession of it as in the case of a tenant or a life tenant. wedlock being married. Has the same meaning as "matrimony." Used mostly to refer to illegitimate children as "born out of wedlock." wildcat strikean illegal strike that occurs while a collective agreement is still in force wilful blindnessa situation where an accused suspects a potential harmful or criminal result of his act or omission, but chooses to ignore the possible consequences
Will a written and signed statement, made by an individual, which provides for the disposition of their property when they die. (See also codicil and probate.) wire-tapping an electronic surveillance device which secretly listens in and records conversations held over a phone line. It is usually only allowed with the permission of a judge and if it can be shown to be necessary for the solving of a serious crime. without prejudice a statements set onto a written document which qualifies the signatory as exempted from its content to the extent that they may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client. witness the regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony). words of limitation words in a conveyance or in a will which set the duration of an estate. If a will said "to Bob and his heirs", the words "and his heirs" were words of limitation because they indicate that Bob gets the land in fee simple and his heirs get no interest. words of purchase words which specifically name the person to whom land is being conveyed. The property is conveyed to specifically and by name in a legal act such as a conveyance or will. This would preclude, for example, transfer as a result of intestacy. working to rulea form of work slowdown in which employees apply the collective agreement and workplace rules literally, with the intention of making the workplace less efficient writ an official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). wrongful death an American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent). These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death. The Canadian equivalent of the wrongful death legislation is generally known as the "fatal accidents act." In England, it is known as Lord Campbell's Act. wrongful dismissal being fired from a job without an adequate reason or without any reason whatsoever. Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously. Most employment implies an employment contract, which may be supplemented by labour legislation. Either could provide for certain procedures to be followed, failing which any firing is wrongful dismissal and for which the employee could ask a court for damages against the employer. Can also be referred to as "dismissal without just cause." Not all states recognize this tort law action. yellow dog contract a name given in American labour law to contract of employment by which the employee agrees to forfeit their employment if they join a union during the period of employment. These types of contracts are now prohibited by American law. young offender Young persons who, in many states, are treated differently than adult criminals and are tried in special youth courts. In Canada, for example, criminal suspects between 12 and 17 inclusively are processed under the Young Offenders Act, which includes several provisions which reflect the rehabilitative nature of the legislation. (Now see Youth Criminal Justice Act.)