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Glossary of Legal Terms

**Non-Criminality-**states that nothing is a crime unless the law specifically so provides. This means that an accused must be charged under a specific statute and the burden is upon the prosecution to present facts to prove the offence charged. **Society-**is a system in which individuals and social organizations performing a variety of roles interrelate with each other according to a set of mutual expectations and in ways controlled by the social and natural environments. **Jurisdiction-** the right, power, or authority to administer justice by hearing and determining controversies. **Crime-**is an act or omission, prohibited by law, which is considered a wrong against society and society’s values and morals. **Quasi-Criminal Law-** that law made by provinces, municipalities and band councils is known as quasi-criminal law, because criminal law can be enacted only at the federal level. **Regulatory Offences-** are a class of crime in which the standard for proving culpability has been lowered so a mens rea **Regulations-** that the regulations are the implementation details of quasi-criminal statutes and other non-criminal statues. Know that regulatory limits on individual actions are designed to enhance quality of life for all citizens. **Sanctions-**sanctions are penalties or consequences for actions outside the accepted norms of behaviour. Sanctions may be formal or informal. **Due Process-**is the procedure in the Canadian judicial system whereby an individual is provided all procedural safeguards of the law **Case Law-** law established by judicial decisions in particular cases, instead of by legislative action. **Young Offenders Act-** applied to those between the ages of 12 and 17, protecting **offenders** under the age of 12 from any threat of prosecution **Comm﻿on Law-** the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law. **Actus Reus-**in proving that a criminal offence has been committed, the state, represented by the crown prosecutor, must prove that an individual has indeed undertaken an action, or failed to undertake an action for which he is legally obligated, breaching the statute of the criminal code. This is also referred to as the objective element of an offence, as it is relatively easy to be certain if an action did or did not occur. **Criminal Code-** the aggregate of statutory enactments pertaining to criminal offenses. **Reasonable Doubt-** uncertainty as to a criminal defendant's guilt; the level of certainty a juror must have to find a defendant guilty of a crime **Colour of right-** the appearance of an act being performed based upon legal **right** or enforcement of statute, when in reality no such **right** exists <span style="font-family: 'Comic Sans MS',cursive;">**Counsel-**counselling may be charged when one advises, recommends, solicits or incites another person to be party to an offence. <span style="font-family: 'Comic Sans MS',cursive;">**Defendant-** person, company, etc., against whom a claim or charge is brought in a court <span style="font-family: 'Comic Sans MS',cursive;">**General Deterrence-** is often contrasted with retributivism, which holds that punishment is a necessary consequence of a <span style="font-family: 'Comic Sans MS',cursive;">**Habeas Corpus-**the right to //habeas corpus// involves the right to a hearing to determine if an accused is being legally detained before trial. <span style="font-family: 'Comic Sans MS',cursive;">**Mens Rea-**is Latin for guilty mind. It is the subjective element of an offence that describes the state of mind or required intention of accused in a criminal charge. <span style="font-family: 'Comic Sans MS',cursive;">**Offence-** a violation or breaking of a social or moral rule; transgression; sin. <span style="font-family: 'Comic Sans MS',cursive;">**Voir dire-** an oath administered to a proposed witness or juror by which he or she is sworn to speak the truth in an examination to ascertain his or her competence. <span style="font-family: 'Comic Sans MS',cursive;">**Pardon-** kind indulgence, as in forgiveness of an offense or discourtesy or in tolerance of a distraction or inconvenience <span style="font-family: 'Comic Sans MS',cursive;">**Parole-** that parole is the conditional release from imprisonment or other confinement after serving part of the sentence. <span style="font-family: 'Comic Sans MS',cursive;">**Plaintiff(s)-** a person who brings suit in a court