Criminal + Civil Law ch. 5-8

Natasha Janevska
Flashcards by Natasha Janevska, updated more than 1 year ago


Flashcards on Criminal + Civil Law ch. 5-8, created by Natasha Janevska on 11/06/2014.

Resource summary

Question Answer
Offence grid a 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
Appeal the review or challenge of a legal decision in a court of higher jurisdiction
Quasi-criminal similar in nature to offences listed in the criminal code but under provincial or municipal jurisdiction
Omission a failure to do something that is required by statute or by common law
Summary conviction offence accused is tried before a judge in a provincial court (ex. OCJ) without the benefit of a jury or prelim. Hearing
Actus reus latin for “criminal act” the objective element of an offence, which may be an act, an omission, or a state of being
Mens Rea latin for “guilty mind”; the subjective element of an offence that describes the state of mind or required intention necessary of the accused
Causation the element of an offence that involves whether an act or omission of one party resulted directly in the injury to the other party
Factual causation the situation where a certain result would not exist if a specific action or event had not occurred
Legal causation the 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
Culpable intervention an unexpected action, often by a third party, that contributes to or causes a chain of events
General intent a 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
Specific intent a level of mens rea that requires the prosecution to prove that accused meant to commit the offence or to cause the harm that resulted
Direct intent a level of intent (mens rea) where the accused has a clear intent to commit the offence or to cause certain results
Criminal negligence action 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
Absolute liability offence an 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
Strict Liability offence can be convicted based only on Actus Rea of offence; accused has opportunity to convince crown otherwise
Inchoate crime a crime thats incomplete or attempted
a person against whom a criminal of quasi-criminal charge has been laid, but who has not yet been convicted Accused
a 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/time Appearance notice
a 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 charges Summons
an award to order provided by the court to redress a legal wrong Remedy
give up a legal right Waive
the 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 process Fundamental justice
a 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 prosecution Stay of proceedings
another name for a bail hearing. Where the prosecution is required to show cause as to why the accused should not be released before trial show cause
a 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 trial Non – s. 469 offence
burden of proof; the necessity for a certain party to prove a certain fact Onus
a 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 released Primary ground
Secondary ground a 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
Tertiary ground a 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
monetary 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 required Sureties
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