Law Definitions

Abetting
Encouraging, inciting, or urging another person to commit a crime

Absolute Discharge
A sentence in which, while the offender is found guilty, no conviction is recorded and the offender is free to go without conditions

Actus Reus
A Latin phrase meaning "a wrongful deed"; the criminal act, which with mens rea, makes one criminally liable

Appearance Notice
A legal document detailing what criminal offence the accused is charged with and the court date the accused must attend

Balance of Probabilities
The basis of the greater likelihood; the degree of proof necessary in a civil action, in comparison with proof beyond a reasonable doubt in criminal cases

Battery
Intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law

Blood-Alcohol Level
A measure of concentration of alcohol in a person's blood; often expressed as milligrams (mg) of alcohol in 100 mL of blood (e.g., "a blood-alcohol level of 80" means 80 mg alcohol in 100 mL blood; this is currently the legal alcohol limit)

Bona Fide Occupational Requirement
A legitimate, reasonable necessity (requirement) of a job; a possible defence against unfair discrimination in hiring and other employment situtations

Capital Punishment
The penalty of death for commiting a crime

Civil Law
A term for private law governing the relationships between individuals; also a term for the legal system of Quebec, based on Roman law, as distinct from English common law

Civil Rights
The rights of a citizens (e.g., to political and social freedom and equality), which limit the power a government has over its citizens; as in the right guaranteed in the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms

Collective Agreement
The contract resulting from the collective bargaining between a union and employer

Collective Bargaining
Negotiation done by a union on behalf of all its members concerning wages, hours, and other conditions of employment

Conciliation
An attempt to settle a dispute; a meeting between two opposing parties with the assistance of a third party to facilitate the dispute settlement process

Conditional Sentence
A penalty (sentence) for a crime of a term of less than two years that is served in the community if the offender meets certain expectations

Contributory Negligence
Negligence on the part of a victim that helps bring about (contributes to) his or her own injury or loss; a partial defence to negligence

Criminal Negligence
Wanton and reckless disregard for the lives and safety of other people; consisting of criminal negligence in the operation of a motor vehicle, criminal negligence causing harm, and criminal negligence causing death

Day Parole
An offender's release from custody during the day under specific conditions, with each night spent in an institution or halfway house; usually a step toward full parole

Default Judgement
A decision made in the plaintiff's favour when the defendant in a civil claim does not dispute the claim within the claim within the required time

Defence
In criminal law, the accused and his or her legal representatives; a reason set of circumstances that might relieve a defendant of liability(e.g., the defence of mental disorder); in civil law, a document responding to the plaintiff's claim(also called a reply)

Defendant
In criminal law, the person charged with an offence; in civil law, the party being sued

Detained
To be kept in custody or temporarily confined

Direct Evidence
Information (evidence) given by a person who witnessed the event in question(e.g., testimony by a bystander who saw an assault take place)

Disclosure
In criminal cases, a stage in proceedings for a trial by jury in which the Crown attorney and the defence must meet to reveal all evidence; after which, charges would be dropped if the defence proves the Crown has no case

Diversion Programs
Sentences that keep offenders out of prison(e.g., suspended sentence, probation)

Duty of Care
A specific legal obligation to not harm other people or their property; a principle of tort law

Empanelling
The selection of a Jury

Essential Requirements for Marriage
Conditions that must be met for a marriage to be valid(e.g., legal capacity, genuine consent); under federal jurisdiction

Examination for Discovery
A pre-trial process in civil cases, which each side discloses all evidence and certain issues are discussed and agreed upon; similar to disclosure in criminal, cases

Extradition
The giving up of or delivering of a person to another country; legal surrender of a personal according to international agreements (e.g., as in child abduction by non-custodial parent)

Faint Hope Clause
The provision that allows an offender sentenced to more than 15 years before becoming eligible for full parole(e.g., a murderer) to have his or her parole eligibility reconsidered; a clause that allows for the possibility of the inmate being fully rehabilitated after 15 years.

First Degree Murder
The killing of another person that is planned and deliberate, in which the victim is a law enforcement agent, or that is related to committing or attempting other crimes that are particularly offensive to society (e.g., hostage taking, sexual assault, hijacking an airplane)

Foreseeability
The quality of being what a reasonable person should expect or anticipate as a result of certain actions

Full Parole
An offender's complete release from custody, into the community under specific conditions and supervision

Garnishment
A procedure to address outstanding court-ordered payments between parties by redirecting money or goods owned by a third party(e.g., requiring part of Tina's paycheque be forwarded to the court to pay damages awarded to Ampai for Tina's negligence)

General Damages
Compensation payable in a civil case (damages) not easily calculated so requiring the judges discretion(e.g., for pain and suffering, lost future earnings, loss of enjoyment of life)

Habeas Corpus
A document that requires a person be brought to court to determine if he or she is being legally detained; the right to the document as protection against unlawful detention; from the Latin term meaning "You must have the body" i.e., there must be grounds for detention

Harassment
Unwelcome actions or conduct toward another (e.g., a fellow employee); workplace forms include sexual and poisoned work environment; as compared with criminal harassment

Hearsay Evidence
Information (evidence) not coming from the direct, personal experience or knowledge of the witness

Indictable Offences
Severe or particularly serious criminal offenses (e.g., murder, treason), which have correspondingly severe penalties and which proceed by way of a formal court document called indictment

Infanticide
The killing of an infant shortly after birth by the mother as she is not fully recovered from the effects of giving birth (e.g., port-partum depression) and her mind is disturbed

Intent
The true purpose of one's actions; also, the state of a person's mind who knows the desires the consequences of his or her actions; also, a key characteristic of the tort of negligence. In criminal law and depending on the offence, the Crown must prove general intent or specific intent

Intra Vires
A Latin phrase meaning "within the powers"; within the authority of the government to pass a law

Joint Custody
In family law, the care and control of a child awarded by the court to both parents; categorized as joint physical custody or joint legal custody; also called joint parent or shared parenting

Just Cause
The legal right to take an action, such as firing an employee

Knowledge
The awareness or understanding of certain facts, which provides the necessary mens rea for an offence

Launder
To deal with (e.g., use, transport, alter, dispose of) any property obtained through crime, as in money laundering

Law
A rule to govern action; a rule of conduct established by government, for society to follow and obey

Law of Master and Servant
An old term for employment law, the laws governing employer-employee relationships

Litigants
The parties involved in a civil action; the plaintiff and the defendant

Litigation
A lawsuit; the action of bringing a civil dispute to court for resolution

Manslaughter
Homicide, or the killing of another person, by committing an unlawful act with only a general intent (e.g., speeding and killing a pedestrian, giving a lethal punch in a sudden, provoked brawl)

Marriage
The voluntary union of a man and a woman to the exclusion of all others; as affirmed in Parliament in 1999

Matrimonial Home
The home in which the couple lived during their marriage

Mediation
An alternative dispute resolution process in which a third party tries to get opposing parties to reach an agreement; also family mediation, in family law

Mobility Rights
The freedom to move about (e.g., Charter rights, which include the right to enter, remain in, and leave Canada; the right of a custodial parent to move with the children to a different province or territory for a job)

Motive
The reason for committing a certain act

Murder
Intentional homicide (killing of another person); recognized as having two classes: first-degree murder and second-degree murder

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

Negotiation
An alternative dispute resolution process that is informal and voluntary, and that involves no third party

No-Fault Insurance
Insurance that is paid to the injured party promptly by the insurer, regardless of who is at fault in an accident

Nominal Damages
A small sum of money awarded in a successful civil suit to a plaintiff who has not suffered substantial harm or loss; awarded for a moral victory

Non-Culpable Homicide
Homicide (the killing of another person) that is not criminal but caused completely by accident or in self-defence

Notwithstanding Clause
The provision (clause) in the Canadian Charter of Rights and Freedoms allowing provinces and territories to create laws that operate in spite of certain contradictions with the Charter

Offer and Acceptance
A proposal that expresses the willingness of one party to enter into a contract, followed by an assent by the other party in words or deed; called a "meeting of the minds"

Open Shop
A workplace in which not all employees must be union members, but the union has the right to encourage all to join

Opinion Evidence
Evidence based on the thoughts of the witness, usually an expert in his or her field (e.g., a coroner commenting on cause of death)

Ordinary Pardon
A cancellation of a person's punishment; he or she is still considered guilty of the crime, but is forgiven by the Crown and released

Out-of-Court Settlement
A resolution to a civil dispute made to each party's satisfaction before the matter proceeds to trial

Parolee
An inmate released into the community on full parole or day parole, i.e., with certain conditions to follow

Pay Equity
Equal payment for work evaluated as equal in worth

Peremptory Challenge
A formal objection to a potential juror for which no specific reason is given, unlike a challenge for cause

Perjury
The act of knowingly giving false evidence in a judical proceeding with intent to mislead

Petition for Divorce
The legal document that begins a divorce action, the procedure to end a valid marriage

Plaintiff
In civil law, the party suing

Poisoned Work Environment Harassment
A group's unwelcome actions or conduct toward one or more employees on the basis of gender, race, religion, or some other characteristic

Polygraph Test
A process in which a person is asked questions and a lie detector machine measures the person's changes in blood pressure, perspiration, and pulse rate to indicate if he or she is telling the truth

Precedent
A legal decision that serves as an example and authority in subsequent similar cases; basis for the rule of precedent-the legal principle in which similar facts result in similar decisions

Prejudice
Having a preconceived opinion of a person based on the person's belonging to a certain group; the opinion itself

Pre-sentencing Report
An account (report) prepared for the court prior to the accused's sentencing that sets out his or her background

Pre-trial Conference
A meeting of the parties in a civil suit with a judge or court-appointed referee in which each party summarizes the case and the judge may offer an opinion; a last chance to resolve the dispute before going to trial

Primary Caregiver
The person (usually a parent) who chiefly attends to the daily needs of a child

Privileged Communications
Confidential communications (e.g., conversations, letters) that one cannot be required to present in court as evidence

Probation
A sentence that allows the offender provisional freedom rather than imprisonment; requires good behaviour and other conditions the judge imposes; common for first-time offenders

Punitive Damages
Compensation payable in a civil case (damages) in addition to general or special damages and which punish the defendant for an uncaring or violent act; also called exemplary damages

Qualified Privilege
A defence against defamation for those whose work requires they express their opinions (e.g., teachers, doctors), unless malice is evident

Reasonable Limits Clause
The provision (clause) in the Canadian Charter of Rights and Freedoms stating that Charter rights and freedoms are not absolute, so can be limited if there is justification

Reasonable Person
The standard used in determining if a person's conduct in a particular situation is negligent

Recidivism
Relapse into crime; the return to prison of criminal repeaters

Recklessness
A state or instance of acting carelessly or without regard for the consequences for one's actions

Recognizance
A legal document that the accused must sign, in which he or she acknowledges the charge laid and promises to appear at a specified court date; sometimes accompanied by a payment to the court

Reconciliation
The renewal of a friendly and marital relation between spouses; a procedure for trying to save a marriage

Rehabilitation
The restoration of a person to a good physical, mental, and moral health through treatment and training; a sentencing objective

Releasing Circles
An option in restorative justice and Aboriginal communities in which the offender, National Parole Board members, and community members meet to plan for the offender's rejoining the community

Restitution
The act of making good, restoring (e.g., returning something stolen to its rightful owner or compensation in another way); a sentencing objective

Retribution
A deserved penalty or punishment for a wrong or crime; vengeance; a sentencing objective

Reverse Onus
The responsibility of proving is placed on the defence rather than the Crown (e.g., in bail hearing involving a serious criminal charge, the accused must show why he or she should be released from custody)

Royal Assent
The signing of a bill by the Crown or the Crown's representative to formally pass an act; now given in Canada by the governor general

Royal Prerogative of Mercy
The right of the governor general to alter a criminal sentence imposed on a convicted person, or the Cabinet's right to grant a pardon

Rule of Law
The fundamental principle that society is governed by law that applies equally to all persons and that neither an individual nor the government is above the law

Search Warrant
A legal document issued by a judge authorizing the police to search a specific location at a specific time and for a specific reason

Second-Degree Murder
Intentional homicide that does not meet the conditions of first-degree murder

Sentencing Circles
An option in restorative justice that brings together affected people (victim, offender, police, etc.) to help sentence (decide the penalty for) the offender

Sexual Assault
The broad term for the three levels of sexual assault (the most serious of which is aggravated sexual assault), which parallel those for assault; combining the former offences or rape and indecent assault, which is defined as the first level of assault but involving sexual conduct

Sexual Harassment
Unwelcome actions or conduct toward another of a sexual nature

Sheriff
A Crown-appointed official who acts as part of the justice administration system (e.g., serving court documents)

Shop Steward
A person nominated to represent a department or division of workplace's union members

Similar Fact Evidence
Information (evidence) that shows that the accused has previously committed a similar offence

Slander
Defamation through spoken words, sounds, or actions (e.g., speech)

Small Claims Court
The lowest level civil court, where disputes involving money or property are resolved simply, inexpensively, and informally by a judge without a jury

Sole Custody
In family law, the care and control of a child awarded by the court to one parent only; as opposed to joint custody

Strike
A work stoppage or partial withdrawal of service by union members to further their contract demands; types include general, sympathy, and wildcat strikes

Summary Conviction
A "guilty" finding (conviction) for a summary conviction offence, which is a fairly minor criminal action

Summons
An order to appear in criminal court

Sunset Clause
A provision in a law that ends a program or power, or disbands an agency at the end of a fixed period unless it is formally renewed

Suspended Sentence
A delayed or held-off sentence; if the offender meets certain conditions, the judge never does decide on a penalty; like a conditional discharge but the offender has a record

Sympathy Strikes
Refusal to work (strikes) by members of one or more unions to show support for another union on strike

Testimony
A declaration (e.g., by a witness) under oath; a sworn statement

Tort
A wrong or injury (other than breach of contract), which may be intentional or unintentional; the basis for a branch of civil law, tort law

Traffic
To sell, administer, give, transfer, transport, send, or deliver a controlled substance

Trespass
To enter or cross another's property without consent or legal right

Ultra Vires
A Latin phrase meaning "beyond the power"; beyond the authority of the government to pass a law regarding a specific topic and therefore of no effect

Unconscionable
Grossly or shockingly unfair, or unreasonable, as in an unconscionable judgment

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