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Law definitions
Term | Definition |
---|---|
Rule of Law | It's the rules of the law to state it applies to everyone. |
Habeus Corpus | ensures that no one can be imprisoned unlawfully. you may have the body' (if legal procedures are satisfied). |
Rule of precedent | Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. |
Distinguishing a case | a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases. |
Amending formula | requires the approval of the Senate and House of Commons and of the legislative assemblies of at least two thirds of the provinces with at least 50% of the population of all provinces. |
Residual powers | power retained by a governmental authority after certain powers have been delegated to other authorities. |
Principle of equalization | allows everyone = access to services |
intra vires | within the legal power or authority or a person or official or body etc |
Ultra Vires | beyond one's legal power or authority. |
Actus reus | a Latin phrase meaning " a wrongful deed" ; the criminal act or omission to act |
Mens rea | a Latin phrase meaning "a guilty mind"; the knowledge, intent, or recklessness of one's actions, |
Common law | Legal rules, principles, and usage that rest upon court decisions rather than upon statutes or other written declarations. |
adjective law | That area of the law that deals with procedural rules of evidence, pleadings and practice. |
prima facie | Latin for “at first look,” or “on its face,” prima facie refers to what can be presumed after the first disclosure. |
tort | From the French word for “wrong,” a tort is a wrongful or illegal act, whether intentional or accidental, in which an injury occurs to another. An intentional tort may also be a crime, such as battery, fraud or theft. |
Abet | The act of encouraging or inciting another to do a certain thing, such as a crime. |
Affirmation (Solemn ) | A solemn promise that has the same effect as a religious oath. |
Appeal | To ask a more senior Court or person to review a decision of a subordinate Court or person. |
Bad Faith | Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage. |
Battery | Intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law. |
Bona Fide | In good faith; genuine; without fraud or deceit. |
Constructive Dismissal | Under the employment law of some jurisdictions, judges will consider a situation where there has been a fundamental violation of the rights of an employee, |
Felony | A serious crime for which the punishment is prison for more than a year or death. Crimes of less gravity are called misdemeanors. This term is no longer used in England or other Commonwealth countries but remains a major distinction in the United States. |
Fraud | Deceitful conduct designed to manipulate another person to give something of value |