Saturday 4 February 2012

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. 








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