Law 12 Final Exam Study Guide 1.

The original Bill of Rights was passed by in 1689 by King William III of Britain. It guaranteed free speech, free elections, and freedom of assembly. In 1791, 10 changes were made to the Constitution. It became the U.S Bill of rights. The Canadian Bill of Rights was passed in 1960 by PM John Diefenbaker. Inspired by WWII 2. Charter of Rights and freedoms: A part of Canadas Constitution; ensures that the limitations of individual rights arent taken too far. It lists the civil rights and freedoms of all Canadians, it guarantees them at every form of government: municipal, federal, provincial. 3. The Supreme Court of Canada in the Judicial branch of Canadas government has the power to interpret the Charter. The Charter itself can be amended by the Amending formula of the Constitution, which requires the vote of 2/3s of the Provincial legislature and the vote of 50% of the population. 4. Civil Rights: The rights of a citizen which limit the power a government has over its citizens; as in the rights guaranteed in the Canadian Bill of Rights and the Canadian Human Rights: Rights that protect one from discrimination by other individuals and certain areas of ones life. 5. Charter of Rights and Freedoms 6. SEE ABOVE 7. Notwithstanding Clause: The provision in the Canadian Charter of Rights and Freedoms allowing provinces and territories to create laws that operates in spite of certain contradictions with the charter. 8. Religious Freedoms: Can be found under Section 2 of the Charter of Rights and Freedoms for Fundamental Freedoms. People are free to practice or not practice religion in Canada without fear of reprisal or attack. 9. Different levels of government have passed laws that make it illegal for people to discriminate against one another. That is done to ensure that individuals are treated equally and fairly as human beings, regardless of the group(s) to which they belong. Federal, provincial, and territorial governments have all passed human rights legislation. Both Federal and Provincial human rights legislation is based off of the Universal Declaration of Human Rights. 10. The 1960 Bill of rights is Statutory while the 1982 Charter is Entrenched, or part of the Constitution. 11. Freedom of Speech falls under Fundamental Freedoms in the Charter. It includes all forms of communication and expression including the mass media, writing, painting, sculpture and film. The government uses Censorship laws, which ban or limit the availability of materials that are found to be obscene. Censorship laws are passed to protect a communitys moral standards. 12. The courts can beat the Amending formula to make a law constitutional. 13. The Constitution seeks to balance the rights of society against the rights of the government. 14. The 4 Basic procedures in an arrest are the following: The officer must - Identify themselves - Advise the accused that he or she is under arrest - Inform them of their right to a lawyer - Inform the accused of the charges. 15. In order to arrest someone, a cop must determine that an act has been committed. Secondly, they must have reasonable grounds to believe the suspect committed the offence. 16. The police can use deadly force in the following situations:

- The behaviour of s suspect might cause serious harm or death to others - The suspect flees or escapes arrest - There is no alternative means to prevent escape. 17. The RCMP is the federal (national) police force. The provincial police forces are the Ontario Provincial Police in Ontario and the Surete du Quebec in Quebec. 18. If a police officer has a breach of conduct, they can be charged under criminal law or sued under civil law. The Criminal Code requires officers to act on reasonable grounds and in using as much force as necessary for that purpose. 19. A police log is an accurate log of what a police officer sees and hears at the scene of a crime. These logs may be an important factor in determining the value of evidence that is presented in court. 20. A Warrant for Arrest names or describes the accused, lists the offences, and orders the arrest of the accused. There must be reasonable grounds to believe that the accused committed an offence. Otherwise, judges will refuse to issue a summons or a warrant. 21. Detention: The act of keeping someone in custody or temporarily confined. People dont have to answer questions unless thay are in a specific situation such as a spot check. Detention should lead to arrest otherwise, the person should be free to go. 22. You are required to give information that is necessary to the charge, such as your name, address, occupation, and date of birth. 23. When arresting a person, an officer must inform the accused of their right to a lawyer. 24. Search Warrants are only valid for the times indicated on the warrant; they can only be used on the date indicated. 25. The four main fundaments of sentencing are as follows: - Deterrence: Sentencing should deter people from breaking the law and should reflect societys intolerance of lawbreaking. - Retribution: The sentence imposed on an offender is a form of retribution. - Rehabilitation: Sentences should rehabilitate offenders. - Segregation: Sentencing should segregate offenders from society.\ 26. Possible results include the following: Diversion programs, absolute and conditional discharge, suspended sentence, conditional sentence, suspension, peace bond, compensation, community service order, deportation, fines, or imprisonment. 27. 3 Million people have a criminal record in Canada; thus, about 1 in 10 Canadians have a record. 28. Parliament created the Criminal Code of Canada. 29. Laws passed by the provinces, territories, or municipalities are not considered part of Criminal Law. They are referred to as Quasi-criminal law because they resemble Criminal Law but do not deal with actual crimes. 30. The original Criminal Code, as a part of the Constitution Act of 1867, is approx. 145 years old. 31. The Judiciary has the right to interpret Parliaments intent regarding Criminal law. 32. All Canadian Criminal Law must match the principles set out in the Law Commision of Canada, which states the following: - The action must harm other people - The action must violate the basic values of society. - Using the law to deal with the action must not violate the basic values of society. - Criminal Law can make a significant contribution to resolving the problem

33. Actus Reus: Latin phrase meaning a wrongful deed. The criminal act or omission to act, which with mens rea, makes one criminally liable.

Mens Rea: A guilty mind; the knowledge, or intent, or recklessness of ones actions, which together with actus reus, makes one criminally liable. - Both must be present for an act to be a criminal offence. 34. Summary Conviction Offences are minor criminal offences. People may be arrested and summoned without delay for those offences. Under the Criminal code, the maximum penalty for a Summary Offence is $2000 and or 6 months in jail. 35. Indictable Offences are serious crimes that carry more severe penalties than summary convictions. Their maximum penalty is life imprisonment. Its up to the judge to determine the penalty. 36. The maximum penalty for a crime in Canada is life imprisonment or capital punishment for treason. 37. Robbery is the act of theft involving violence, whereas Break and Enter is the act of breaking anything internally or externally in a house, or opening something that is meant to be closed and placing any part of your body into said residence. One is stealing with violence and the other is breaking into a house. 38. The legal term used to describe when an accused desires to carry out an action and crime is known as foreseeability. 39. Intent or knowledge are tested on the standard of a Reasonable Man 40. Its called general Intent when the crown only needs to prove that the accused intended to perform an act. 41. Yes, a person can be convicted for a crime for failing to commit an act if they clearly make an attempt to commit the crime. 42. When a person becomes aware that an inquiry is needed but chooses not to do so, its known as being willfully blind. 43. Under Absolute Liability, the crown does not have to prove a Mens Rea. 44. The Rationale for committing a crime is known as the Motive. 45. The highest court of Canada is the Supreme Court of Canada. 46. Cases from the Supreme Court are usually appeals from provincial appeal courts. They also hear cases of national importance. 47. 3 Judges sits in the provincial supreme court of appeal. 48. Currently, 9 judges sit in the Supreme Court of Canada. 49. All criminal cases start in the Provincial courts criminal division 50. There is a six month statute of limitations on summary offences. If the offence is indictable, there is no statute of limitations. 51. The judges of the Provincial Supreme Court Trial Division will hear the most severe indictable offences. 52. The Federal Court settles disputes between provinces. 53. From lowest to highest Provincial Court Criminal Division, Provincial supreme court trial division, Provincial Supreme Court of Appeal, and the Supreme Court of Canada. 54. The Supreme Court judges are appointed by the Governor in Council from among superior court judges. 55. 90% of Criminal Cases are settled in provincial court. 56. Yes, you have to appear at a trial if youre tried with a summary offence. 57. Supreme Court judges are properly referred to as My Lord or My Lady 58. Killing a person directly or indirectly is known as Homicide. 59. The Elements of mens rea are Intent or Knowledge and Recklessness 60. A beating causing maiming or disfiguring is known as Aggravated Assault 61. Sexual Activity is known as sexual assault when there is no consent. 62. Theft over $5000 dollars makes the charge more serious 63. Tort Law is a major division of Civil Law 64. The three subsections of Tort law are Negligence, Trespass, and Defamation.

65. In BC, Small Claims Courts handle disputes under $10,000. 66. A Garnishing order is an order by the court for a third-party that owes money to the defendant to pay the damages that they owe to a plaintiff for them. 67. Examination for Discovery: A pre-trial process in civil cases in which each side discloses all evidence and certain issues are discussed and agreed upon; similar to disclosure in criminal cases. 68. Pre-trial Conference: A meeting of the Parties in a Civil Suit with a judge or referee in which each party summarizes the case and the judge may offer an opinion. This is a last chance to resolve a civil dispute before going to trial. 69. The plaintiff must show that the defendant owed the plaintiff a duty of care. - The plaintiff must prove that the defendants negligent actions caused the plaintiff harm. - Finally, in a negligence suit, the plaintiff must prove that real harm occurred because of the defendants negligence. 70. The three main types of damages are compensatory damages, punitive damages, and nominal damages. 71. The maximum one can receive for damages in BC is $250,000 72. Foreseeability is a test that calculates whether or not a reasonable person wouldve foreseen the injury to the victim as a result of their actions. 73. When damages are awarded based on the percentage of who is at fault, it is called Contributory Negligence.

MATCHING Strict Liability: Regulatory offences for which only actus reus must be proven, not mens rea, and for which due diligence can be a defence. Plea Bargaining: A process in which the Crown and the accused attempt to make a deal, usually resulting in a guilty plea to a lesser charge than the original charge, thus, a lesser penalty. Absolute Privilege: A defence against defamation for statements made in legislature and judicial proceedings. Absolute Liability: Regulatory offences for which only actus reus must be proven, not mens rea, and for which due diligence cannot be a defence. ------------------------------------------------------------------------------------------------------------------------------Causation: The fact of being the producer of an effect of an effect, result, or consequence. In Civil Law, its one of the elements that must be proven in a negligence action. Its the relationship between the defendants act and the plaintiffs claim. Damages: Money awarded by the court to a plaintiff for a wrong or loss suffered; the main form of compensation in a civil action; categorized as general, special, punitive, aggravated, or nominal damages. Liability: When one is legally responsible for something. In criminal offences, a Strict or Absolute liability offence is a regulatory offence in which a mens rea does not have to be proven. Summations: For each side in a trial, the formal conclusion that recapitulates key arguments and evidence. ------------------------------------------------------------------------------------------------------------------------------The Victim: One who is harmed by another person. This could mean mentally, physically, or even monetarily. The Respondent: In a court case, the party who opposes the appeal requested by the other party, the appellant. In marriage law, the spouse being sued for divorce. The Plaintiff: In civil law, the party suing. The Complainant: A person who files a formal charge, as in a court of law; a plaintiff ------------------------------------------------------------------------------------------------------------------------------Circumstantial: Evidence that is information that relates only indirectly to the alleged offence. Automatism: Involuntary action by someone who is unconscious of what he or she is doing. Meeting of the Minds: The arriving at a mutual understanding and binding agreement by an offerer or offeree. Its a phrase in Contract law that is used to describe the intentions of the party forming a contract. Exemplary:? ------------------------------------------------------------------------------------------------------------------------------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. Labour Negotiations: ? Alternative Disputer: Somebody who is a party in Alternate Dispute Resolution Litigation Procedure: A lawsuit; the act of bringing a civil dispute to court for resolution. Alternative Dispute Resolution: (ADR): A Collective term for processes designed to settle conflicts without trials. IE Mediation, Negotiation, Arbitration -------------------------------------------------------------------------------------------------------------------------------

Financial, emotional, pain and suffering: Cannot be calculated easily in civil courts. They are what General Damages are awarded for. Damages to these are torts. General, Special, punitive: Forms of Damages in civil trials. Types of compensation. Pecuniary, non-pecuniary, financial: Pecuniary damages are related to property or finance, whereas non-pecuniary damages are for injuries and loss. Civil, Criminal, Private: Branches of Substantive Law. ------------------------------------------------------------------------------------------------------------------------------Subpoena: A court document ordering a person to appear in court for a specific purpose. Parole: When an offender is released from prison after serving much of their sentence but not all of it. Their release is conditional, however. Double Jeopardy: Being tried twice for the same offence; this is prohibited. Dangerous Offender: A person who has committed serious physical injury and who meets certain criteria to be given this designation, resulting in an indeterminate sentence. ------------------------------------------------------------------------------------------------------------------------------Notice: An order to appear in court for an offence. It will name the accused and the information about the offence. Summons or Notice of claims: A court order to appear in criminal court. Defence: In criminal law, the accused and his or her legal representatives. In civil law, a document responding to the plaintiffs claim (defence reply). Counterclaim: A defendants claim in response to a plaintiffs related claim; action between two opposing parties. Affidavit: a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. ------------------------------------------------------------------------------------------------------------------------------Summations: For each side in a trial, the formal conclusion, which recapitulates key arguments and evidence. Cross Examination: An examination of a witness after the examination in chief. This applies to both the Crown and Defence. Exemplary Argument: Counter Argument: ------------------------------------------------------------------------------------------------------------------------------Confession: A statement by the accused in which he or she admits to the crime or acknowledges that some or all of the charge is true. Concurrent: When two or more sentences are served at the same time. Consecutive: When two or more sentences are served one after the other. Appeal: When a court decision is contested and brought to a higher court. It involves the appellant and respondent. ------------------------------------------------------------------------------------------------------------------------------Aider: Somebody who helps or assists someone in committing a crime. Principal Actor: An actor who is primarily responsible for a criminal offence. Accessory After the Fact: Someone who, after a crime is committed and knowing that it was, receives, comforts, or helps the criminal so that he or she can escape. Abettor: Someone who encourages, incites, or urges another person to commit a crime. Kidnapping: (Abduction) The illegal, forced removal of an unmarried person nder age 16 from the person who has lawful care of the child. In particular, kidnapping involves the use of the kidnapped as a hostage for money or other means. -------------------------------------------------------------------------------------------------------------------------------

Armed robbery: Theft accomplished by means of force or fear with the use of an offensive weapon or imitation of a weapon. Murder: Intentional Homicide; recognized as having two classes: first-degree murder and second-degree murder. Assault: The threat of, or actual physical contact without consent. Trespass on private Property: The act of entering or crossing another persons land without permission. First Degree Murder: the killing of another person that is planned and deliberate. Second Degree Murder: Intentional homicide that does not meet the conditions of first-degree murder. ------------------------------------------------------------------------------------------------------------------------------Detention: To be kept in custody or temporarily confined. Community Service: Part of a sentence where people are ordered to work a certain number of hours for a local organization or government project. Suspended: When a sentence is delayed. If the offender meets certain conditions, the sentence will never be served. It may also refer to a sentence that takes away a privilege. 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 this document as protection against unlawful detention. There must be grounds for detention. Arbitration: A form of Alternate Dispute resolution where an arbitrator hears from both sides and makes a final decision; it may be binding arbitration. Mediation: : A form of Alternate Dispute Resolution (ADR) where a third party tries to get opposing parties to make an agreement. ------------------------------------------------------------------------------------------------------------------------------Specific Intent: Intent that goes beyond the act itself, as in break and enter, in which the Crown must prove the unlawful action of breaking and entering and the specific intent of committing a further indictable offence, such as theft. Beyond a reasonable doubt: A concept that juries take into account when making their decision. If there is reasonable doubt, the jury must acquit. Recklessness: A state or instance of acting carelessly or without regard for the consequences of ones actions. Willful Blindness: when a person becomes aware that in inquiry is needed but chooses not to do so. Due Diligence: A defence that the accused took responsible care not to commit the act or that the accused honestly believed that their actions were innocent. ------------------------------------------------------------------------------------------------------------------------------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 bodily harm, and criminal negligence causing death. Corruption of Youth Crime: Crimes involving the management of a place where children are used for sexual activity. This may also include exposing a child to wrong material. Hybrid: Criminal offences that may be tried, at the crowns option, as summary conviction offences or indictable offences, with the corresponding more or less severe punishment. Strict Liability: Regulatory offences for which only actus reus, not mens rea, must be proven, and for which due diligence CAN be a defence. General Intent: Intent that is limited to the act itself and inferred from that act, such as an assault in which intent is inferred from the fact that the accused did apply force. -------------------------------------------------------------------------------------------------------------------------------

Vandalism: Damage or defacement to property. It is often associated with aesthetics. Mischief: Deliberate destruction of, or damage to property; also, interference with the lawful use of enjoyment of property. Petty Crime: Minor crimes. Like summary offences. They are one step below felonies in the U.S Crimes with high social Impact: Crimes dealing with abortion, weapons, prostitution, obscenity, and corruption/ abandonment of children. Corruption Crimes: - Soliciting children and corrupting youth. Mischief Crimes: - Crimes associated with the destruction of property, such as the breaking of school windows. ------------------------------------------------------------------------------------------------------------------------------Criminal Negligence causing death: The act of acting with reckless disregard for others in which your actions result in the death of another human being, as opposed to criminal negligence in a vehicle and criminal negligence causing bodily harm. Manslaughter: Homicide, or killing of another person, by committing an unlawful act and with only general intent. Accidental homicide, to an extent. Assault: The threat of, or actual physical contact without consent. Assault and Battery: They basically mean the same thing, but one is for Civil Law ( Battery) and the other is for Criminal Law (Assault). Battery: Intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law. Aggravated Assault: The most serious of the three levels of assault. Its assault that wounds, maims, or disfigures a victim. Non-Victim Crimes: Crimes that are illegal, but do not directly violate or threaten the rights of another individual. ------------------------------------------------------------------------------------------------------------------------------An Arrest: To legally detain a person and charge him or her with a criminal offence. A Warrant: A legal order put out by a judge. It can be for arrests or searches. An Appearance: The act of going to court on a specified date for the accused. This may also refer to an appearance notice: A legal document detailing what criminal offence the accused is being charged with and the court date the accused must attend. A Ticket: A summons for a particular violation. Its used especially in traffic violations. An Affidavit: a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Testimony: A declaration under oath; a sworn statement. An Information: A written complaint, made under oath, stating that there is reason to believe that a person committed a criminal offence. What officers will swear before a judge in court. ------------------------------------------------------------------------------------------------------------------------------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. Law: Can be divided into two basic types Substantive Law and Procedural aw. State: Substantive: Consists of statute law and case law. Its divided into public and private law. ------------------------------------------------------------------------------------------------------------------------------Public Disturbance: A misdemeanor in which A person is a nuisance or disturbance to a crowd. It could be a crime like playing music to loudly at a house party. Speeding: Speeding is not a crime under the criminal code of Canada. Its the act of driving over the speed limit in a motor vehicle. Theft under 500.00: A hybrid offence with a maximum penalty of 10 years. Being found in an illegal gambling establishment: ??

------------------------------------------------------------------------------------------------------------------------------Private Law: Outlines the relationships between private citizens and organizations. AKA Civil Law. It can be divided into Family Law, Contract law, Tort Law, Property law, Labour Law. Public law: Controls the relationship between governments and the people who live in society. It represents laws that apply to all individuals. Its main components are Criminal, Constitutional, and Administrative Law. Crown Attorney: In criminal matters, he/she is the lawyer prosecuting on behalf of the Crown and society; an agent of the attorney general. Plaintiff: In civil law, the party suing. ------------------------------------------------------------------------------------------------------------------------------Charter of Rights: A part of Canadas Constitution; ensures that the limitations of individual rights arent taken too far. It lists the civil rights and freedoms of all Canadians, it guarantees them at every form of government: municipal, federal, provincial. Fundamental Freedoms and Rights: Divided into four areas: freedom of conscience and religion; freedom of thought, belief, opinion, and expression; freedom of peaceful assembly, and freedom of association. (2) Democratic rights: The democratic rights of Canadians, such as the right to vote. (3,4,5) Equality rights: Our rights, as Canadians, to not be discriminated against. (15, 28) ------------------------------------------------------------------------------------------------------------------------------Multicultural Heritage Rights: The rights that acknowledge that Canadians come from many different backgrounds and have specific identities and needs. (27) Official Languages of Canada: Canadas official languages are English and French (16-22) Mobility Rights: Our rights to move freely inside and outside of Canada (6) Freedom of Assembly: A Fundamental right to hold or attend a public demonstration. Freedom of Expression, thought, and belief: A fundamental freedom that includes all forms of expression. ------------------------------------------------------------------------------------------------------------------------------Adversarial: A system based on two opposing sides, in which each side presents its case in court. Civil: Private law that outlines the legal relationships between private citizens and between citizens and organizations. Family: A sector of Private Law dealing with relationships between individuals living together as spouses and partners. Property: A sector of Civil Law dealing with anything that has cash value. Property laws are a set of legal rules that controls its use, enjoyment, and rental of property. ------------------------------------------------------------------------------------------------------------------------------Administrative: A section of public law that controls the relationships between citizens and government agencies. EX: Liquor control boards managing sale and consumption of liquor. Tort: A wrong. The sector of Private Law thet deals with wrongs that one person commits against another. Constitution Law: A section of Public Law that handles the divison of power in the Canadian governments with the provincial and federal governments. Procedural Law: The second half of the division of Canadian Law ( the other is Substantive Law) that outlines the steps involved in protecting the rights given under substantive law. It outlines the steps to solving problems and getting compensation. -------------------------------------------------------------------------------------------------------------------------------

Discrimination: Occurs when people act on a prejudice or stereotype and treat others unfairly. Stereotyping: the judgment of one person in a group that you apply to the whole group. Prejudice: Making a judgment about somebody in a group because they are in the group. Gossip: Casual or unconstrained conversation or reports about other people, typically involving details that are not confirmed as being true. ------------------------------------------------------------------------------------------------------------------------------Retribution: A deserved penalty or punishment for a wrong or crime a sentencing objective. Restitution: The act of making good the act of restoring something to its rightful owner a sentencing objective. Common Law: law originally common to the whole of England. Its what our law system is based on. Civil Code: Napoleons French revised law that had been based off of Roman law and the Justinian code. It was now based on equity and justice for all. ------------------------------------------------------------------------------------------------------------------------------Precedent: Common law is based off the important principle of precedent. A precedent is something that has been done and will later serve to be an example for how something should be done. Stare Decisis: a legal principle by which judges are obliged to respect the precedents established by prior decisions. Assizes Court: Trials that were held in England to deal with adversarial or disputed cases, Manor Court: A court in England where trials dealing with manors or estates and injustice were handled. ------------------------------------------------------------------------------------------------------------------------------BNA Act: Renamed the Constitution act of 1867. The document that made Canada its own dominion and country. It didnt affect Canadas foreign affairs. Constitution Act 1982: The second half of the constitution that contained the method of how to change the Canadian Constitution the amending formula, and the Canadian Charter of rights and Freedoms. Statute of Westminster: In 1931, A statute that gave Canada control over its foreign affairs. Governor General: the federal viceregal representative of the Canadian monarch, Queen Elizabeth II. Provincial government: Federal government: Laws are passed by the House of Commons, the Senate and the Governor General. Proclamation date: Senate: The group in Canadian parliament that handles the second approval of bills before they become law. ------------------------------------------------------------------------------------------------------------------------------Consideration: Something of value exchanged between parties to a contract; categorized as past, present, or future. Present Consideration: The exchange of something of value bwteeen the parties to the contract at the time the contract is formed. Future Consideration: The promise of a future exchange or something of value between the parties to a contract. Connivance: A legal finding of connivance may be made when an accuser has assisted in the act about which they are complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing. -------------------------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------------------------Garnishment: Shift of owed money to a third party. If the defendant that owes the plaintiff money is owed money by a third party, the responsibility can be shifted. Injunction: A court order directing a person to do or not do something for a specific time period Nominal (Damages): A small sum of money awarded in court for a moral victory. No harm is committed to the plaintiff. Punitive (Damages): compensation that the court awards to deter shockingly bad attitude on the defendants part ------------------------------------------------------------------------------------------------------------------------------Monogamy: The practice or condition of being married to only one person at a time; as opposed to bigamy. Cohabitation (Agreement): A domestic contract between two unmarried people who are living together; concerning property and obligations to each other. Condonation: may be made when an accuser has previously forgiven or condoned (in some way or at some level supported) the act about which they are complaining Collusion: an agreement between two or more persons, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair advantage ------------------------------------------------------------------------------------------------------------------------------Slander: Defamation through spoken words, sounds or actions. Libel: Defamation in a printed or permanent form. Hybrid: Criminal offences that can be tried, at the crowns option, as summary offences or indictable offences. Quasi: Laws passed by the provinces, territories, or municipalities. They resemble criminal law, but dont actually deal with any crimes. ------------------------------------------------------------------------------------------------------------------------------Revocation: In contract law, the cancellation, or taking back, of an offer by the offeree before its accepted. Repudiation: The refusal, especially by public authorities, to acknowledge a contract or debt. Capacity: the ability to understand the nature and effect of ones actions, such as marriage; the legal ability to enter a contract on ones behalf. ------------------------------------------------------------------------------------------------------------------------------Examination for Discovery: a pre-trial process in civil cases in which each side discloses all evidence and certain issues are disclosed and agreed upon. Damages: Money awarded by the court to a plaintiff for a wrong or loss suffered; the main form of compensation in a civil suit Counterclaim: A defendants claim in response to the plaintiffs original claim. Litigation: A lawsuit; the act of bringing a civil suit to court for resolution. ------------------------------------------------------------------------------------------------------------------------------Default Judgment: A decision made in the plaintiffs favour when the defendant in a civil claim does not dispute the claim. Cause of Action: A legal right to start a lawsuit; the facts give this right. Garnishment: Shift of owed money to a third party. If the defendant that owes the plaintiff money is owed money by a third party, the responsibility can be shifted. Defence Reply: A document responding to the plaintiffs claim. Small Claims: The lowest level civil court where disputes involving money or property are resolved simply, inexpensively, and informally by a judge without a jury -------------------------------------------------------------------------------------------------------------------------------

Negligence: A failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional, and unplanned. Battery: Intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law. Occupier: Someone who controls and physically possesses a property. False Imprisonment: Unlawful physical restraint or detention. Invitee: A person on a property for a purpose other than a social visit. ------------------------------------------------------------------------------------------------------------------------------Nuisance: an unreasonable use of land that interferes with the right of others to enjoy their property; categorized as public or private nuisances Licensee: A person on anothers property with the permission of an occupier for non-business purposes. Informed Consent: Agreement to a particular action with full understanding of the risks, as with patients and medical procedures. Vicarious Liability: The principle of holding a blameless party responsible for anothers actions. Slander: Defamation through spoken words, sounds, or actions. ------------------------------------------------------------------------------------------------------------------------------Blended family: A married couple or common-law couple with at least one stepchild. Co-Respondent: In a divorce proceeding based on the respondents adultery, the person whom he or she committed adultery. Void: Without legal force; invalid, as in a marriage or other contract. Consanguinity: Relationship by blood, as opposed to affinity Nuclear Family: A family consisting of a Father, Mother, and their children. ------------------------------------------------------------------------------------------------------------------------------Affinity: Relationship by marriage, as opposed to consanguinity Bigamy: The practice or condition of being married to more than one person at the same time; an illegal crime in Canada. Annulment: : A ruling that a relationship never was a marriage; declared in a decree of nullity Monogamy: The practice or condition of being married to only one person at a time; as opposed to bigamy. Extended Family: Children, parents, and grandparents sharing a dwelling and cooperating economically. ------------------------------------------------------------------------------------------------------------------------------Interim Custody: In Family law, the care and control of a child awarded by the court temporarily to one parent. Supervised Access: The right of the non-custodial parent to visits with the child at specified times under the supervision of someone such as a grandparent or social worker, and to inquire about the childs health, welfare, and education. Supervision Order: A court order requiring that a professional oversee a child needing protection, but the child stays at home. Access: In Family Law, the right of the custodial parent to visit with the child and inquire about the childs health, welfare, and education; categorized as reasonable, specified, and supervised access. Specified Access: The right of the non-custodial parent to certain pre-arranged visits with the child, and to inquire about the childs health, welfare, and education. -------------------------------------------------------------------------------------------------------------------------------

Crown Wardship: A court order permanently granting legal custody and guardianship of a child to the Crown, represented by a child protection agency. Society Wardship: A court order temporarily granting legal custody and guardianship of a child to a child protection agency. Joint Custody: The care and control of a child awarded by the court to both parents. Custody: In Family Law, the care and control of a child awarded by the court, as in a divorce proceeding. Mobility Rights: The right of a custodial parent to move with the children to a different province or territory for a job. ------------------------------------------------------------------------------------------------------------------------------Countersuing: To bring proceedings against (a plaintiff) in direct opposition to a suit brought against onself. Counterclaim: A defendants claim in response to a plaintiffs related claim. Transfer Defence:?? Respondent Claim: ?? Third Party Claim: ??