Flashcards
Criminal + Civil Law ch. 5-8
Cards in this deck (32)
- 1Offence grida feature of some annotated versions of the crim code that provides, in chart form, a summary of elements, punishment, and other aspects of different offences
- 2Appealthe review or challenge of a legal decision in a court of higher jurisdiction
- 3Quasi-criminalsimilar in nature to offences listed in the criminal code but under provincial or municipal jurisdiction
- 4Omissiona failure to do something that is required by statute or by common law
- 5Summary conviction offenceaccused is tried before a judge in a provincial court (ex. OCJ) without the benefit of a jury or prelim. Hearing
- 6Actus reuslatin for “criminal act” the objective element of an offence, which may be an act, an omission, or a state of being
- 7Mens Realatin for “guilty mind”; the subjective element of an offence that describes the state of mind or required intention necessary of the accused
- 8Causationthe element of an offence that involves whether an act or omission of one party resulted directly in the injury to the other party
- 9Factual causationthe situation where a certain result would not exist if a specific action or event had not occurred
- 10Legal causationthe situation where one or more actions could have caused a certain result and, for the purposes of a legal decision, the action that was most responsible for the result must be determined
- 11Culpable interventionan unexpected action, often by a third party, that contributes to or causes a chain of events
- 12General intenta level of mens rea where the accused need not have intended to commit the offence or cause certain result but must have intended to act in a way that resulted in the offence occurring
- 13Specific intenta level of mens rea that requires the prosecution to prove that accused meant to commit the offence or to cause the harm that resulted
- 14Direct intenta level of intent (mens rea) where the accused has a clear intent to commit the offence or to cause certain results
- 15Criminal negligenceaction that are defined as criminal under the criminal code even though the incorporate a level of mens rea falling below conscious intent – for example, indifference
- 16Absolute liability offencean offence that permits a conviction on proof of the physical elements of the offence (actus reus), with no proof of intention to commit offence (mens rea) required
- 17Strict Liability offencecan be convicted based only on Actus Rea of offence; accused has opportunity to convince crown otherwise
- 18Inchoate crimea crime thats incomplete or attempted
- 19a person against whom a criminal of quasi-criminal charge has been laid, but who has not yet been convictedAccused
- 20a formal document, given to a person charged with a minor offence, that sets out the requirement to attend court for trial at a certain date/timeAppearance notice
- 21a document that may be delivered to a person accused of a crime requiring that person to be in court at a certain date and time to answer the chargesSummons
- 22an award to order provided by the court to redress a legal wrongRemedy
- 23give up a legal rightWaive
- 24the basic tenet of the Canadian system of rights and freedoms that requires that all person investigated for and accused of a crime receive procedural protections to ensure that they are treated fairly throughout the processFundamental justice
- 25a decision by a judge to drop the charges against an accused; usually the result of improper actions on the part of the police or the prosecutionStay of proceedings
- 26another name for a bail hearing. Where the prosecution is required to show cause as to why the accused should not be released before trialshow cause
- 27a less serious criminal code offence for which, at a bail hearing, the onus is on the prosecution to show cause why the accused should not be released pending trialNon – s. 469 offence
- 28burden of proof; the necessity for a certain party to prove a certain factOnus
- 29a ground for ordering detention of an accused at a bail hearing for a non-s. 469 offence; based on the judge’s belief that the accused is unlikely to appear at trial if releasedPrimary ground
- 30Secondary grounda ground for ordering detention of an accused at a bail hearing for a non-s.469 offence; based on the judges belief that the accused poses a danger to the public
- 31Tertiary grounda ground for ordering detention of an accused at a bail hearing for a non-s.469 offence; based on the judges belief that detention is necessary to maintain confidence in the administration of justice
- 32monetary guarantees that a person will appear at court to answer the charges against him/her; this money is forfeited if the accused does not appear as requiredSureties
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- Flashcards on Criminal + Civil Law ch. 5-8, created by Natasha Janevska on 06/11/2014.
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- Natasha Janevska · Nov 2014
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- Aug 23, 2016
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