Gr 11 Law Definitions

Habeas Corpus Document that requires a person be brought to determine if he or she is being legally detained i.e. there must be grounds for detention

Preliminary hearing Held to determine if there is sufficient evidence to justify a trial

Due diligence Defence that the accused took reasonable care not to commit

Precedent Legal decision that serves as an example and authority in subsequent similar cases; the legal principle in which similar facts result in similar decisions

Marriage Contract Legal agreement between partners who are married or plan to get married concerning property and obligations to each other

Perjury Act of knowingly giving false evidence in a judicial proceeding with intent to mislead

Mens rea Guilty mind, the knowledge, intent or recklessness of one’s actions
(combined with actus reus makes one criminally liable)

Actus Reus Wrongful deed; the criminal act or omission to act
(combined with mens rea makes one criminally liable)

Parole The release of a convicted criminal defendant after he/she has completed part of his/her prison sentence, based on the concept that during the period of parole, the released criminal can prove he/she is rehabilitated and can "make good" in society

Hung Jury Jury that cannot come to a unanimous decision in a criminal case

General Intent Intent that is limited to the at itself and inferred from the act

Specific Intent Intent that goes beyond the act itself i.e. plan to commit further crime

Negligence Failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional, and unplanned

Challenge for Cause Formal objection to a prospective juror for reasons such as the jurors knowledge of the case or lack of impartiality

Vicarious Liability Principle of holding a blameless party (the substitute) responsible for another’s actions

Automatism Involuntary action by someone who is unconscious of what he/she is doing i.e.