Saturday 11 February 2012

Indictable offences, summary convictions, hybrid offences.

Crimes are described as treasons, felonies and misdemeanors. Crimes also referred to us as following:

Indictable offences are serious offences such as aggravated assault. 

Summary convictions are less serious offences such as common assault, theft under a certain amount. 

Hybrid offences include a wide range of offences that might be designated indictable or summary conviction offences at the option of the Crown. 

Depending on whether an accused is charged with summary conviction or indictable offence, he or she has a number of trial options.





Tuesday 7 February 2012

Jurisprudence

Jurisprudence means the philosophy and science of law. The word is derived from Latin and has two parts:
juris, meaning "of right" or "of law" and prudence, which refers to being skilled or learned in law.  

Today, jurisprudence embraces all aspects of legal thought and is used in the study of legal principles, theories, concepts, institutions and the historical development upon which our law is bases.  

The law sometimes been compared to one of the great pyramids of Egypt. Created by humans, a pyramid is imposing, and inspiring from the outside. There is uncertainty and speculation regarding the process of its creation. It appears impenetrable and complex, yet as you move inside the structure, it reveals more and more of the secrets of the history, society, and believe of the people responsible for it.    
It might be useful to visualize jurisprudence as though you were looking down on a pyramid and viewing all the different aspects that make up the law.  By studying these different but integrated parts, it is possible to better understand the law. Jurisprudence ensures that changes to our laws are made with careful consideration and are informed by the insights of the legal writers, law-makers, and scholars of the past.

Monday 6 February 2012

Categories of Law: substantive, procedural; public, private.

Knowing the law and how it functions allow us to structure our lives as productive and accepted members of the community and to predict the consequences of our conduct. In order to play the game, we must know the rules.

Law consists of rules with different but intersecting functions. The primary categories are substantive and procedural laws.  

Substantive law establishes not only the rights an individual has in society but also the limits on his or her conduct (rights to vote, to own property etc.,) 

Procedural law determines how the substantive law will be enforced (rules governing arrests, investigation, rules of governing court procedures etc.,)  

Law can also be distinguished by its public or private function.  

Public law includes constitutional law that determines how the country governed and the laws that affect an individual's relationship with government, including criminal law and regulations created by government agencies. 

Private law involves the rules that govern our personal, social and business relations, which are enforced by one person suing another in a private civil action.

Saturday 4 February 2012

Definitions for "actus reus" and "mens rea".

Actus reus (Latin)-means "guilty act".  

Mens rea (Latin)-means "guilty mind".

The mentioned above two components needed for a conviction.  

For example:  

Assault is committed when a person intentionally touches another without consent. Proof of physical contact without consent is the actus reus of the offence: whether or not it was done intentionally is the mens rea component.

Discovering Legal Vocabulary Part II.

The language of law is both familiar and foreign. It is familiar because it is part of our lives. It is useful to know and understand legal terminology. The study of legal terminology is very particular and the words used are precise. Small variations and interpretations of the words may lead to major differences in legal decisions. By using correct legal terminology we can justify and support our opinions, be effective and efficient in conducting productive legal research as well as make inferences based on facts. The knowledge of legal terminology is also necessary to summarize legal case and to identify legal concepts.The meaning of legal terms is critical in understanding of a case or a statute.  

Appellant- the person launching  an appeal to a higher court in a legal action.

Arbitrary- without reason or judgement 

Arbitration- a form of dispute or resolution in which a neutral third party hears a dispute between two parties and then makes a decision, which both parties have agreed to follow. 

Arms embargo- a particular type of sanction that prohibits the supply of arms or other military equipment to designated countries.

Assumption of sovereignty- for the purpose of defining Aboriginal rights, the requirement for proof of occupation of the land prior to the time of European contact and control. 

Atheist- a person who does not believe in the existence of God or gods. 

Attaches- technical experts on a diplomatic staff(military attaches). 

Authority- legal power to command, act, implement and enforce laws 

Automatism- the state in which a person has no conscious control over his or her actions: a defence used  so that people in this state cannot be found criminally responsible.

Discovering Legal Vocabulary Part I




The study of law can be intimidating because it seems to revolve around the learning of a whole new language. Some legal words may look and sound familiar, such as "judgement", "intent" and "consideration", but their specific meaning in a legal contest is different. Legal words and phrases are often derived from Latin or French, a fact that can help you to decode their meaning. 



Aboriginal Title-a specific Aboriginal right referring to claims for landownership. 

Absolute Discharge- a sentencing option used by a judge where by no conviction is recorded an d no conditions are attached.

Absolute Liability- the concept that there is no defence, fault is not an issue and the accused is convicted based on the guilty act.

Abstract-a summary of the essential components of a larger case. 

Accommodations- the adaptation of existing requirement or condition by an employer to enable an employer to carry out the essential aspect of a job.

Acquitted- release after being declared not guilty.

Acts-formal agreements between two or more sovereign states: see also conventions, covenants, protocols and treaties. 

Actus Reus- a Latin term meaning 'guilty act' that refers to the physical aspect of crime. 

Ad hoc tribunal-courts set up to deal with individual circumstances on an as-needed basis.

Adjudication-a judicial decision: the act or process of arriving at a decision after considering the facts.

Administrative Law- the law that governs the governmental agencies empowered by the legislature to make decisions on certain matters. 

Adversarial trial system- the trial system that used in Canada, that seeks the truth by having two opposite parties. represented by lawyers, argue a case in front of an impartial judge who weights the evidence presented.
Adverse-effect discrimination- a requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect toward an individual or group (height requirements for police officers).       

Adverse possession- a method of acquiring 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.  

Affirmation-action programs- plans designed to remedy disadvantages faced by four designated groups-women, Aboriginal people, visible minorities and people with disabilities.

Agency shop- a workplace in which a new employer is not required to join the union but still must pay union dies: also called the "Rand formula" (introduced by Judge Rand). 

Aggravating factors- elements that increase responsibility for his or her actions and are considered by the judge in imposing a more severe sentence (evidence that the offender was motivated be ethnic prejudice). 

Air embargo-the cancellation of all international flights into or out of country. 

Ambassadors- heads of embassies in foreign countries, who are either career civil servants or political appointees.  

Anomie theory- a sociological hypothesis arguing that criminal behaviour is more likely to thrive in an anonymous urban setting that in a more traditional rural setting.   

Appeal allowed- overturning of a lower courts decision by a higher courts and substitution with its own decision.  

Appeal dismissed- acceptance by a higher court of the previous court's decision.