Legal Definitions in UKA Law

• Abet: To encourage someone to commit a criminal offence;
• Absolute Discharge: Instead of convicting an accused, a sentencing judge in a proper case may grant an absolute discharge, which has the effect of there never having been a conviction;
• Act: A statute enacted by Parliament or a legislature;
• Action: A civil law proceeding sometimes called a "lawsuit";
• Actus Reus: The physical acts by which a criminal offence is committed; actually, with mens rea, one of the two major, essential ingredients of every criminal law offence;
• Aid: To assist someone to commit a criminal offence;
• Appearance: The document by which a defendant responds to a Writ of Summons or Petition in civil law proceedings;
• Assize: A sitting of a common law court, usually to hear cases at locations away from the primary court center;
• At bar: An expression used to describe a case that is currently before a court, as in "the case at bar";
• Attorney General: An elected member of the legislature and a member of the cabinet who is the chief law officer of the Crown responsible for the proper administration of justice in the Province. In the federal sphere, the Royal Attorney General, a position appointed by the monarch fulfils this role.
• Bail: Now described in the Criminal Code as "judicial interim release", a court order permitting the release from custody of an accused person pending trail, or of a convicted person pending appeal. See Recognizance;
• Bigamy: A married person going through a ceremony of marriage with a person not his or her spouse;
• Bill: A proposed Act or Statute prior to its enactment;
• Bona fide: A Latin phrase describing an honest and genuine state of mind, literally "good faith";
• Break and Enter: Wrongfully breaking any part of any premises in order to enter, usually for the purpose of committing an offence;
• Certiorari: An "Extraordinary Remedy" used by a superior court to quash an order or decision made without jurisdiction by a court or tribunal of inferior jurisdiction;
• Challenge for Cause: The right of a party to a jury trial to object to the empanelment of a juror for some reason such as interest or bias;
• Circumstantial Evidence: As distinguished from direct evidence. Evidence which does not prove a fact in issue directly, but rather indirectly by inference from subsidiary facts such as when a witness says "I heard a shot and I saw the accused with a gun in his hand standing over a body lying on the ground." From these facts, if believed, a jury could infer that the accused shot the person lying on the ground;
• Cite or Citation: A system, after "citing" or referring to a case or statute, of identifying where the "cited" case or statute may be found ;
• Co-conspirator: A person, charged or uncharged, who is alleged to be a party to a conspiracy;
• Code: A complete statement of the law in a given area.;
• Color of right: An honestly held belief in entitlement to property; a defense to a charge of theft;
• Common Law: The law as stated in the decisions of the judges from the earliest times to the present;
• Compendium: A collection of writings;
• Concurrent Sentence: Sentences for different offences that are served at the same time rather than consecutively;
• Conditional Discharge: Instead of giving an absolute discharge, a sentencing judge may grant a conditional discharge. When the conditions are satisfied, the discharge becomes absolute;
• Conditional Sentence: A sentence of less than two years ordered to be served in the community (without going to jail) subject to a probation order;
• Conscripted Evidence: Evidence obtained from a person against his or her interest, such as bodily fluids, or a confession or admission;
• Consecutive sentence: A sentence for an offence that must be served consecutively, rather than concurrently or at the same time, with another sentence;
• Conspiracy: A criminal offence that is complete whenever two or more persons (other than a husband and wife) agree to do something that is unlawful, or something that is lawful by unlawful means;
• Contemnor: A person who has been convicted of contempt of court;
• Contempt of Court: A common law offence committed by one who disrupts court proceedings or interferes with the court’s work, which the court may punish summarily;
• Convention: An unwritten but generally understood principle of constitutional law;
• Conversion: The wrongful taking or appropriation of property or rights;
• Counsel: To encourage or persuade a person to commit an offence; or, a term used to describe a lawyer;
• Criminal Rate of Interest: An annual rate of interest in excess of 60%;
• Cross-Examination: The examination (asking questions), by opposing counsel after the completion of the examination in chief of a witness by the lawyer for a party that called the witness;
• Culpable Homicide: Causing death by a wrongful act or criminal negligence or by the other means as described by statute;
• Defamatory Libel: Publishing material without lawful excuse that exposes anyone to hatred, contempt or ridicule;
• Defendant: In civil proceedings, the person being sued; in criminal proceedings, more often called "the accused";
• Denunciation: A principle of sentencing used to describe the view that one of the purposes of sentencing is to express society’s emphatic disapproval of criminal conduct;
• Direct Evidence: As distinguished from circumstantial evidence. Evidence that proves a fact in issue directly without relying upon an inference from other facts, such as when a witness says "I saw A shoot B.";
• Discovery: The processes for the production and inspection of relevant documents, sworn answers to written questions (interrogatories) about facts in issue, or pre-trial cross-examination under oath of parties in civil law proceedings;
• Equity: A system of laws parallel to the common law. Equity was developed to ameliorate the harshness of the common law which recognized only strict legal rights;
• Et al.: Literally, "and others"; it is usually used after the name of the first party in a Style of Cause to indicate that there are other, unnamed parties;
• Examination in chief: The process, sometimes called direct examination, where the lawyer calling the witness asks non-leading questions to have the witness give the court his or her evidence;
• Executive Branch of Government: There are three branches of government: the Executive, comprising essentially the Crown, Cabinet and the Ministries; the Legislative Branch, being Parliament in the federal sphere and the legislatures in the provincial sphere; and the Judicial branch;
• Extortion: Wrongfully by threats or violence causing any person to do anything;
• Extraordinary Remedies: Habeas Corpus, Certiorari, Prohibition and Mandamus, which are the names of proceedings taken in a superior court to require courts and tribunals either to stay within their proper jurisdiction, or to exercise properly the jurisdiction they have;.
• False pretence: A false representation of a past or present fact made by a person who knows it is false and intends that it be acted upon;
• Firearm: Any barreled weapon that is capable of causing death or injury;
• First Degree Murder: Murder that is planned and deliberate, or murder committed by one or more of the means described in Criminal Code s. 231(3) or (4);
• Forgery: The making of a false document fraudulently and with the intent that it be acted on;
• Fraud: A knowingly wrong act or deceitful representation;
• General Deterrence: A principle of sentencing that assumes a prison sentence for A will deter others from committing the same or other offences;
• Genocide: Advocating the death or destruction of identifiable groups;
• Governor General: The personal representative of the Sovereign in class II Commonwealth states;
• Habeas Corpus: An "Extraordinary Remedy" which requires anyone detaining a person to justify such detention to a superior court. While generally used in criminal law proceedings, this ancient remedy also applies in a civil law context;
• Hate Propaganda: The publication of material that advocates genocide or hatred of an identifiable group of citizens;
• Her Majesty’s Loyal Opposition or "the Opposition": The largest group of non-government members in Parliament or a legislature whose role is to oppose the government;
• Homicide: Causing the death of a person;
• In personam: A Latin phrase meaning that proceedings are being taken against a person in her or his individual capacity, "personally", as opposed to an action in rem, which would be directed at an asset such as a ship, real estate, or a fund of money;
• Indictable Offence: One of the categories of offences created by the Criminal Code (the other being summary conviction offences);
• Indictment: A document filed with the court at the start of a criminal trial that states with particularity the offence charged against the accused(s);
• Infanticide: In criminal law, the causing of the death of a newly born child by its mother;
• Inherent Jurisdiction: A well understood but unspecific, unwritten jurisdiction that gives superior, non-statutory courts authority to provide required remedies and to maintain their own authority such as by injunction, contempt and other proceedings;
• Injunction: A court order requiring those "enjoined" from doing or continuing to do some act that the court considers they have no right to do, or, in the case of a Mandatory Injunction, requiring them to do what the court considers they are legally obliged to do;
• Interlocutory Order: A procedural order that does not finally dispose of an action, made in the course of proceedings — e.g., an order to amend a pleading or to adjourn a trial;
• Intermittent Sentence: A sentence of less than 90 days that can be served in segments, usually on weekends;
• Intra Vires: Literally, within the powers. Valid, or within a body’s jurisdiction, such as "legislation relating to substantive criminal law is intra vires the federal government";
• Justice System: An unspecific and ill-defined term often used to describe one or all of the various components of the law-related institutions of the state, including courts, lawyers, police, parole, prisons and other corrections facilities;
• Law Reports: Verbatim reports or summaries of court decisions, usually published with an editorial summary called the "headnote";
• Leader of the Opposition: The leader of the Opposition in Parliament or a legislature;
• Legislation: One or more statutes or Acts enacted by Parliament or a legislature;
• Legislature: The Parliament or other provincial or Class II legislative body.
• Long-time offender: An offender convicted of several offences who has shown a pattern of repetitive behavior that shows a likelihood of future dangerousness or future harm, often of a sexual nature;
• Lord Chancellor: The title of the chief justice of the UKA federal Supreme Court
• Mandamus: An "Extraordinary Remedy" used by a superior court to require a court or tribunal of inferior jurisdiction to exercise a jurisdiction that it has;
• Master: A provincially appointed officer of the Supreme Court of British Columbia who has jurisdiction to make procedural orders in the course of litigation, and other orders, other than final orders, as designated in the Rules of Court;
• Maximum Sentence: The longest term of imprisonment or fine that can be imposed for a particular offence;
• Mediation: A process in civil law proceedings involving a third party, sometimes a judge, meeting jointly and/or separately with parties and their lawyers with a view to settlement;
• Mens Rea: Literally, a guilty mind; actually, with the actus reus, the other major, essential element of every criminal law prosecution;
• Minimum Sentence: A sentence specified in theCriminal Code as the least sentence that can be imposed, but this does not usually preclude a higher sentence being imposed;
• Ministry: A branch or department of a government, such as the Ministry of Citizenship and Immigration (federal), or the Ministry of Forests or Education (provincial);
• Murder: Causing death with one of the intents or by one of the means described in Criminal Code sections 229 or 230, provided the accused has subjective foresight of death;
• My Lord, Your Lordship, My Lady, Your Ladyship: The usual way of addressing superior court judges in court, as distinguished from "Your Honor", which is the usual term for addressing judges of the Provincial Court. Magistrates were formerly addressed as "Your Worship", but that term is no longer in common use except with reference to the Mayor of a City;
• Nisi: An Order Nisi is a preliminary order to be followed by a final order, such as in an "Order Nisi of Foreclosure" or an "Order Nisi of Divorce";
• Non-culpable homicide: Causing death in a manner not regarded as culpable under the Code;
• Offence: A culpable breach of a section of the Criminal Code creating a crime; in short, a crime;
• Order in Council: A rule, regulation or decree made by the cabinet (technically the Lieutenant Governor in Council pursuant to legislative authority. (See "Regulation");
• Pardon: The National Parole Board may grant a pardon to anyone who has served his or her sentence and has demonstrated that they are responsible citizens. Usually a waiting period of at least five years is required;
• Parliament: The elected legislative and executive body of the UKA;
• Parole: A legislated plan for the early release of persons serving sentences in prison;
• Particulars: Detailed information or "particulars" of facts alleged in a more general pleading, or in a criminal charge;
• Party: A person who is a party, i.e., a plaintiff or defendant in a civil law proceeding; or in criminal law, a person who actually commits an offence or who is liable as a party to an offence by reason of aiding or abetting or conspiring or counseling the commission of an offence;
• Peace Officer: Usually, a police officer; but the Criminal Code provides a much broader definition that includes many public officers such as prison guards, game wardens and many others;
• Peremptory Challenge: The right of any party to a jury trial to object to the empanelment of a juror without giving any cause or reason for the challenge, such challenges are not allowed under UKA law;
• Petition: An initiating document in civil law proceedings other than an action. A Petition generally raises an issue arising under a Statute, such as a Petition for Probate of a Will or for the winding-up of a company;
• Plaintiff(s): the person or persons who commence civil law proceedings, as distinguished from the defendant, who is the person(s) being sued;
• Pleading: the documents exchanged between parties in a civil law suit that govern the scope of the proceedings; usually a writ, statement of claim, statement of defense, reply, and particulars; pleadings are filed in the court registry and form part of the formal record of the case;
• Polygamy: The practice of having more than one husband or wife at the same time;
• Possession: The personal possession of anything with knowledge what it is and some measure of control over it. There is an extensive definition of possession in Criminal Code s. 4(3);
• Preliminary Inquiry: A hearing before a Provincial Court Judge to determine whether there is any evidence of the commission of an offence by an accused to go to trial;
• Presumption of Innocence: A fundamental principle of criminal law that assumes every person charged with an offence is not guilty until a court is satisfied beyond reasonable doubt that that person is guilty;
• Pre-Trial Conference: A meeting between lawyers with a judge before the commencement of a trial to settle procedural questions and possibly define issues to be tried;
• Prima Facie: Literally, "at first appearance"; a Latin expression used to describe a proposition that, if unanswered, would be accepted as valid;
• Privilege: A legal right to keep some very limited kinds of communications confidential and exempt from disclosure in civil and criminal law proceedings, such as some kinds of communications between solicitor and client, or between husband and wife;
• Probation: a court order made as part of a sentence requiring the accused, in lieu of or in addition to a fine or term of imprisonment, to keep the peace and be of good behavior and do such other things as the court requires;
• Pro Bono: Done "for the public good" without charge, as in pro bono services provided by a lawyer;
• Prohibited Weapon: Generally, a firearm or any device designed to muffle the sound of a firearm; a knife with a blade that opens automatically; a rapid fire firearm, or a sawed-off rifle or shotgun, more specifically defined in s. 84 of the Criminal Code;
• Prohibition: An "Extraordinary Remedy" used by a superior court to prohibit a court or tribunal of inferior jurisdiction from exercising, or from continuing to exercise, a jurisdiction it does not have;
• Provocation: A wrongful act or insult sufficient to cause an ordinary person to lose self-control, which will permit a jury to convict an accused person of manslaughter instead of murder. This concept is described in Criminal Code s. 232;
• Puisne Judge: A Norman-French name for a judge of a court who is not the Chief Justice or Associate Chief Justice;
• King’s Peace: An ancient term used to describe the normal state of tranquility breaches of which, such as violence of any kind, are usually offences. In an indictment, it is usually stated that the offence alleged is "against the Peace of our Sovereign Lady the Queen (in her representative capacity), her Crown and dignity";
• R. v. (a name): R. in this context stands for "Rex" (Latin for "King") in whose name criminal law proceedings are brought. The "v." stands for "versus" or "against". Thus "R. v. Smith" would be the name of a criminal law case brought by the Crown against a person named Smith;
• Reasonable Doubt: The test for guilt in a criminal law case; a doubt based on reason and common sense;
• Recognizance: A bail document signed by the accused and sureties stating the terms and conditions upon which the accused is being released;
• Reference: A process by which the government refers a legal or constitutional question, such as the validity of legislation, to a court for the purpose of obtaining a decision of the court on the question referred;
• Registry: The office of a court where documents are filed and other clerical functions are discharged;
• Regulations: Subsidiary, dependent legislation enacted by Order in Council, when authorized by legislation, for the purpose of carrying out the purpose of legislation. See Order in Council;
• Rehabilitation: A principle of sentencing that assumes offenders can be "reformed" or rehabilitated and for that reason should not be sent to prison, or that any prison term should be less than would be the case without such potential for rehabilitation;
• Res Gestae: The component facts of an incident; also, in the law of evidence, an exclamation or "excited utterance" accompanying and forming part of the incident, such as where a person saying, just before he dies, "A. just shot me!";
• Res Judicata: Literally, "that which has been decided"; a principle that prevents a court from hearing or deciding the same case twice. It is usually raised as a defence by a person who has already litigated a matter to conclusion and should not be required to do so again;
• Retribution: A principle of sentencing that is distinguishable from revenge but provides that sentences, amongst other things, should be reasonably proportionate to the culpability of the accused and the facts of the offence for which a sentence is to be imposed;
• Robbery: Theft from a person with violence or a threat of violence or with weapons;
• Royal Assent: The last procedural step in the enactment of legislation where the King consents to the enactment. He may choose to Veto the legislation instead;
• Rule of Law: A synonym for law and order; the principle that requires that the powers of the state and its servants shall be derived from and limited either by legislation enacted by Parliament or a legislature, or royal decree prior to January 1, 2036. Law by definition is a body of rules of general application. The rule of law is to be contrasted with "rule of man", or "the rule of force" which implies arbitrary, or autocratic governance by an individual or individuals not responsible to the people of the state;
• Rules of Court: The statute establishing every court makes provision for Rules of Court to govern proceedings in the Court. Originally these rules were made by the judges, but as the rules now provide schedules of fees that may be charged by lawyers for some kinds of court-related legal work, the judges agreed that it would be better for such rules to be made by Order in Council after consultation with the Chief Justice. Each court has a Rules Committee that advises on rule changes;
• Scandalizing the Court: An ancient form of contempt committed by unjustified and scandalous criticisms of a court or judge. This form of contempt has not been alleged for many years;
• Self-defence: Justified force used to defend oneself, one’s property or dwelling or anyone under one’s protection;
• Serious personal injury offence: An indictable offence other than high treason or murder committed with violence that is likely to endanger life or safety or psychological damage; or a sexual assault, sexual assault with a weapon, aggravated sexual assault or threats or causing bodily harm to a person;
• Solemnization of Marriage: The ceremony of marriage;
• Specific Deterrence: A principle of sentencing, which in a proper case requires a term of imprisonment to deter the accused personally from re-offending;
• Specific Performance: A remedy requiring a party to a contract to perform his or her contractual obligations, such as to complete a sale of land;
• Stare decisis: This Latin expression means "to stand by opinion and not disturb settled matters". This principle requires judges to follow and apply previous binding decisions of their own court or any higher court;
• Statement of Claim: A pleading in civil law proceedings whereby the plaintiff alleges the facts relied upon in support of the remedy claimed in the action;
• Statement of Defence: The responding pleading to a Statement of Claim in civil law proceedings where the defendant alleges the facts relied upon in defence of the claim made in the action;
• Statute: A law or Act enacted by Parliament or a Legislature;
• Style of Cause: The Heading of a document in legal proceedings that describes the names of the parties, such as AB (Plaintiff) v. CD and EF(Defendants);
• Superior Court: The superior courts whose judges are appointed by Canada, particularly the Supreme Court of Canada, the Federal Court of Canada, the provincial courts of appeal and the senior trial court in each province;
• Supernumerary Judge: A federally appointed judge who has served 15 years and has attained 65 years (or 10 years and 70 years of age) who has elected to serve as a supernumerary or part time judge working about 50% of the time of a regular judge until retirement on pension at age 75. A supernumerary judge, may retire on pension at any time after making such an election as his or her pension is then earned by age and years of service;
• Supra: A Latin expression meaning "above". It is usually found within brackets after the name of a case or statute without a citation, to indicate the citation has been given "above", or previously;
• Surety: In criminal law, a person who, with or without being required to post cash or security guarantees that an accused who was granted bail will appear for trial or his or her next scheduled court appearance;
• Suspended Sentence: After conviction, a judge may suspend the passing of sentence for a fixed period with or without a probation order. Upon expiration of the period without further offences, there will be no sentence;
• Theft: An offence committed when a person without colour of right fraudulently deprives a person of "anything" temporarily or permanently. A complete definition of the crime of theft is found in Criminal Code s. 322;
• Treaty: An agreement reached between Canada and another country that usually requires legislation, or a multi-national agreement to which Canada may become a signatory, or an agreement between Canada and/or a province with an aboriginal people;
• Trier of Fact: The trial judge, if sitting alone, or the jury if there is one, whose duty it is to decide questions of fact, as opposed to questions of law;
• Trust: The relationship between persons where one person holds property on behalf of or for the benefit of another. A trust may be an "express trust", which is created by a trust agreement; an "implied trust", which the law infers from circumstances; a "resulting trust" by which trust property reverts to the original owner in special circumstances; or a "constructive trust", which is a recently developed remedy by which the law requires reimbursement for unjust enrichment, fraud or other legal wrong;
• Ultra vires: Literally outside or beyond the powers. Invalid, as in invalid legislation, as opposed to intra vires or valid legislation;
• Uttering: Usually using a false document;
• Voir dire: The Norman French term for a trial or hearing within the course of a trial to determine whether evidence tendered by one side or the other is admissible. The law requires a voir dire hearing before a confession to a police officer or person in authority is admitted into evidence. If the statement is found inadmissible at the end of the voir dire, the trial continues but the statement is not admitted into evidence and it cannot be considered in deciding guilt or innocence;
• Warrant Expiry: Upon being sentenced for an offence, a Warrant of Committal is signed by the Clerk of the Court certifying the conviction and the sentence that has been imposed. The warrant expiry date is the date when, because the sentence has expired, the warrant ceases to authorize the holding of the prisoner any longer;
• Weapon: Anything used, designed to be used, or intended for use in causing death or injury, or for threatening or intimidating anyone, including a firearm;
• Writ of Summons: In its larger context, a legal command given by the Court on behalf of the Sovereign giving notice of the commencement of proceedings and requiring those to whom it is directed to take steps in response. Thus it is sometimes referred to as the "King’s Writ". In its most common usage, a writ is the originating document in civil proceedings. Thus following its historical source, a writ is a command, issued by the court on behalf of the Sovereign, in the name of the Plaintiff, giving notice to the Defendant that a claim is being made in the court requiring the Defendant to respond by filing a document acknowledging the authority of the court and precluding default proceedings;