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Legal Dictionary.docx

2 Pages

Course Code
Law 2101
Erica Lawson

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Logan Kazman Legal Dictionary Chapter 1: - Acteus reus: guilty act - Mens rea: the guilty mind - Voir dire: trial within a trial - Stare decisis (rule of precedent): principle of legal rules established in previous court cases if the case is the same or similar - Obiter dictum: opinion that is unnecessary for the decision of the case, it’s considered a “by the way” statement made by the judge that may be introduced by way of illustration - Dissent: decision of the judge who did not agree with the majority opinion - Style of cause: part of the title of a case referring to the parties involved in a legal action - Principles of fundamental justice: the freedoms and democratic rights guaranteed in the Canadian Charter - Ratio decidendi: reason for the decision, referring to that part of the judge’s decision that provides the legal reasoning for the judgement - Objective forseeability: ought to have known someone would get hurt (in an example of murder in an indictable offense) - Subjective forseeability: the crown must prove that the accused knew that harm was going to come to the victim Chapter 2: - Redress: a remedy for injury or for loss (e.g. damages for pain and suffering) - Jurisprudence: the science of law, aka, the “philosophy of law”; study of the structure of the legal system, and to determine how legal rules apply to new or doubtful cases - Adverse possession: a method of inquiring title to property or land if an occupant remains on the land for a lengthy period of time with the knowledge of the owner but without his or her permission - Conventions: rules of behaviour that are historically accepted but not always legally enforced - Perjury: in criminal law, a formal charge laid against an individual for making a false statement under oath - Statute: law that is enacted by a government - Adversarial trial system: trial system that seeks the truth by having two opposing parties represented by lawyers, argue a case in front of an impartial judge who weighs the evidence presented - Inquisitorial trial system: trial system, used in Europe where the truth is seeked by questioning of witnesses, and judge plays a greater role in this system - Writs: written commands or formal orders in the name of the sovereign (e.g. a writ of summons compels a defendant to appear in court to answer charges) - Patriate: to bring legislation under the legal authority of the nation to which it applies. (Canadian Constitution was patriate the UK) - Summonses: court order requiring accused to appear in court to answer the alle
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