Law 2101 Lecture Notes - Social Inequality, Meritocracy, Oligarchy

8 views2 pages
29 Jan 2013
Department
Course
Professor
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 allegation or to respond to
an action against him or her
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