Jeune pour jeunes - ABC's of the Law

A person charged with committing a crime. An accused is also the defendant in a criminal trial.

A finding by the court that the accused in a criminal case is not guilty. An accused who is “acquitted” is free to go.

“Guilty act” in latin. When someone does or doesn’t do something that results in an illegal act or crime. For example, the action of stabbing someone with a knife is the “actus reus” of the crime of assault with a weapon.

When a hearing is stopped and rescheduled for a later date.

A written statement made under oath in front of someone who is an officer of the court (such as a lawyer or a notary). An affidavit is usually a witness’ statement for court. It must be signed by the person who is taking the oath and the officer of the court.

When two or more people come to an understanding that they will do something for each other. A legal agreement is called a “contract” that sets out the rights and responsibilities each person has towards the other. If one person does not fulfill his responsibilities under the agreement, the other person can take them to court.

When people try to solve their legal problems or conflict without going to court. Mediation is an example of alternative dispute resolution. During mediation a neutral third person who is called a mediator listens to both sides of the story and tries to get the people involved to reach an agreement. Alternative dispute resolution sometimes takes less time and is less expensive than taking a case to court.

If either person in a case is not satisfied by a decision made by a judge or jury, they can “appeal” the decision. During an appeal, a judge or judges at a higher level of court review the earlier court's decision. If they find that the earlier decision was correctly made, it will stand. If they disagree with the earlier decision then the case is sent back for a whole new trial at the lower court.

The law is divided into different areas such as Criminal Law, Property Law, Family Law, Employment Law etc. A lawyer often specializes and develops expertise in one area of the law.

The case being made by a lawyer for her client in court. A lawyer bases her arguments on evidence, and the law that applies to the case and attempts to persuade the judge or jury that her client is right. A judge hears the arguments of both sides of a case before making a decision.

When a person is taken in to custody by the police. This person is not allowed to leave while under arrest. The police usually arrest someone if he has been charged or if they are deciding whether or not to charge him, and there is some risk he will try to go in to hiding or get away.

An order from a court in the form of a written document, giving the police the authority to arrest someone accused of a criminal offence.

When someone has been arrested and charged with a crime the court may decide to release him before the trial provided he follows certain conditions. While the person is on bail, he may have to follow certain conditions such as not being able to travel, having to report to certain people, or having to deposit money to the court as a guarantee that he will return to court for his trial.

In a civil case (non-criminal), the judge will listen to both parties' versions of the events and make a decision in favour of the party who is able to prove its case on a “balance of probabilities”. This means the party has proven that their version of the events is at least 51% more likely to be what actually happened than what the other party is claiming.

The professional organization that lawyers must belong to in order to be licensed to practice the law. Lawyers must write “bar exams” or licensing exams before they can become a member of the Bar. They must also complete an internship before they can practice. In Quebec, the Bar is called the Barreau du Quebec.

In criminal cases the Crown must prove its case “beyond a reasonable doubt”. This means the evidence must be so complete and convincing that the judge or jury has no reasonable doubts about the facts and the guilt of the accused. In other words there is no other reasonable explanation for what happened, other than the accused did it. This standard is much higher than in a civil trial because when someone is found guilty they lose the right to liberty.

The level of proof a person needs to meet in order to convince the court of what they are claiming. In a civil trial each person must prove their case on a balance of probabilities. In a criminal trial, the accused is presumed innocent until proven guilty, and the Crown must prove its case beyond a reasonable doubt.

This is the part of the Canadian Constitution which lists all of the rights and freedoms that Canadians have, such as freedom of expression, freedom of religion and certain equality rights. Because of the Charter, the Canadian government must respect these rights and freedoms. This means, for example, that when you apply for a job with the Canadian government, you cannot be discriminated against because of the color of your skin.

The crime that a person is accused of. Police can “charge” a person with a specific crime such as theft or murder, and then that person will appear in court and make arguments to defend himself against the charge. The accused will either be found guilty or not guilty of what he has been charged with.

When parents are not living together, the amount of money one parent must pay to the other parent for the daily needs and support of their child. A parent may be required to pay this amount because of an agreement or a court order. The amount of the child support payments depends on the financial resources that parent has and the needs of the child.

A case that is not a criminal case. Civil cases are about the rights and duties between two people or groups of people. When someone sues another person over a family or contract issue for example, this would be a civil case.

This is a law that describes the rights and duties of people living in Quebec. Many of these rights and duties deal with everyday life. For example, the Civil Code talks about when a doctor is allowed to treat you, what things you are allowed to do before you turn 18, what happens when you get married, how neighbors should treat one another and who should pay when an accident happens.

The kind of law that is practised in Quebec. It is based on law from France and is different from the rest of Canada where the common law is practiced instead. Most of the civil law is found within a set of laws grouped together called the Civil Code of Quebec. Lawyers, judges, notaries etc. look to the Civil Code of Quebec to find out what the law says. This is different from the common law where lawyers, judges, notaries etc. look first to past cases to find out what the law is instead.

When a person or group of people start a legal action to try and get money or property that they believe belongs to them. A person or group of people can also bring a claim to try and get compensation for something wrong that has been done to them.

The public is normally allowed to sit in on court hearings. During a “closed hearing” the public is not allowed in the courtroom. Usually a hearing is “closed” when it is a sensitive family matter, a very controversial case, or the security of the accused or the witnesses needs to be protected.

The law practiced in provinces outside Quebec. It has its roots in the law practiced in England. Within the common law, lawyers, judges, notaries etc. look to the most recent cases to see what the law is rather than consulting a “Civil Code” where the law is written.

The requirement that each party must tell the other party beforehand what arguments and evidence they will be presenting in court. This is to ensure that the court process is fair and that people who must defend themselves have a chance to know what will be said against them so they can prepare.

An amount the court orders a person to pay to another usually for loss or injuries that she has caused.

When a document or information must be kept private and cannot be shared with others.

When someone interferes with court proceedings, or ignores a court order or rules of the court, that person is said to be “in contempt of court”. It is a criminal offence to disobey or fail to respect the court process.

For example, if a witness receives a subpoena requiring her to go to court and she does not go, she can be charged with contempt of court.

A legal agreement between two or more people to do or exchange something. If one party fails to do what he agreed to, the other party can take him to court to enforce the contract. For example an agreement between two people that one person will sell something and the other will buy it for a set amount, is a type of contract.

When a person is found guilty by a court of the crime that she has been charged with. After someone is convicted, she is usually sentenced to a penalty for breaking the law.

The public place where cases are heard, and where decisions about cases are made by judges and juries. There are different courts for different kinds of cases, such as criminal courts, youth courts, family courts, etc.

An order by a court or judge that requires a person to do or stop doing something. Failing to follow a court order is a criminal offence.

Rules about how people in a courtroom must behave. For example, people are not allowed to talk or use cell phones in the courtroom as this can disturb the case that’s taking place. There are also special rules about how judges, lawyers etc. must dress and speak to each other inside the courtroom.

A case involving someone who has been accused of committing a crime and breaking the law. Most crimes (criminal offences) are listed in the Criminal Code. During a criminal case a Crown prosecutor usually tries to have the accused found guilty by a judge or jury. A defence lawyer will represent the accused and try to ensure that she has a fair trial.

A law made by the Parliament of Canada which lists crimes in Canada. The Criminal Code describes each crime and the possible punishment. The Criminal Code applies across Canada. Judges, lawyers, and police officers all refer to this law when dealing with someone who has broken the law. A large number of crimes appear in the Criminal Code, but some crimes appear in other laws as well.

This is the area of the law which deals with illegal behaviour called crimes or offences. Criminal laws are created by the Parliament of Canada and apply across Canada. Within this specialized area of the law there are particular rules and processes for dealing with people who have committed crimes which must be followed by police officers, lawyers, and judges.

During a hearing or trial, witnesses and the accused (in a criminal trial) may be called to testify or tell the court what they know about something that happened. Each party will call its own witnesses to support its side of the case. The time during the hearing when the lawyer for the opposing side is given a chance to question the other party’s witnesses, is called “cross-examination”. During the “cross-examination”, the opposing lawyer often tries to poke holes in the witness’ story or tries to show the witness is not credible (i.e. the witness is not telling the truth).

The lawyer who represents the government in criminal cases. Often referred to as “Crowns”, these lawyers must prove their case “beyond a reasonable doubt” in order to have an accused found guilty of a crime and sentenced.

When a person is under the care or control of another person. For example, prisoners are held in custody when they are in detention centres, or a child is said to be under the custody of her parents.

These are practices of the court that have existed for many years and have been passed between countries. For example, it is custom in Canada that when a lawyer addresses a judge, she uses the title “Mr. Justice” or “Honourable Madam Justice”. Canadian courts also have a tradition of lawyers and judges dressing in black robes.

Money a person is awarded by a court for harm or injury they have suffered because of someone else.

A judge or jury’s finding at the end of the case.

The arguments a person uses to try to convince the court that the other side’s version of the facts is not the correct one and that they should not be found guilty or held responsible for what has happened.

When a judge or a jury takes time think about the case that is being presented in court. When a jury goes into deliberation it is usually isolated and must keep what is being discussed secret until a decision is reached and presented in court.

When a person is kept in custody (e.g. at the police station or in prison) and not allowed to leave without permission. For example, a person may be held in detention when he is under arrest and being questioned, or serving a sentence after being convicted (found guilty) of a crime.

A facility where people who have been found guilty of a crime serve their sentence. Detention centres are usually closed facilities, meaning that people who are serving sentences are not allowed to leave without special permission, and there are strict rules about who can go inside and what they can take with them.

Treating someone differently or unfairly based on one of their personal characteristics (such as race, ethnic origin, language, sexual orientation etc.) There are laws in Quebec and across Canada that protect individuals from certain kinds of discrimination and allow them to start legal action if they are being discriminated against.

When two people who have been married end the marriage through a judgement that states that they are legally divorced. Both, or one spouse, can ask for a divorce.

The area of the law dealing with a workers’ and employers’ rights and obligations. Employment laws state what employers and employees can and cannot legally do, and what workers are expected to do as employees. In a workplace where there is a union, this will be called “labour law” instead of employment law.

Testimony from witnesses, objects (exhibits), or legal documents which one person uses to support and prove his case in court. There are strict rules about what evidence is allowed in court. Evidence from a witness, for example, is generally only allowed if the witness tells the court about things he knows directly. The court will generally not accept evidence from a witness who is just retelling what he heard from someone else. Objects which are being submitted as evidence must have been obtained following the proper procedure. For example, when police wiretap a telephone to record a conversation they must usually have a warrant from a court for doing this first, or it may be excluded from evidence.

When a lawyer questions the witness she has called to testify during a court hearing. During the examination-in-chief the lawyer asks the witness questions, and the answers the witness gives are evidence that can support the lawyer’s arguments and help prove the case. This is different from cross-examination, where the opposing lawyer gets to ask the witness questions and tries to poke holes in the witness’ testimony.

A document or object used during a court hearing as evidence or proof that something happened. For example a gun with fingerprints can be an exhibit in a murder trial.

Someone who knows a lot about a complicated subject and is asked to testify in court so a judge can understand things better. Usually this person has done special studies in a certain area. For example, when an accused person claims “insanity,” a judge will rely on the testimony of a psychologist to figure out whether or not that person really is insane.

What the judge finds has really happened in a case after hearing both sides. When two people tell stories that contradict one another, we say they are presenting different versions of the facts.

The area of the law which focuses on everything related to the family relations such as adoptions, marriage, separation, divorce, child support, custody, etc. There are lawyers who specialize in this area of the law.

An amount that someone is ordered by the court to pay for breaking the law. A fine is a type of sentence. For example a person can be fined for parking in the wrong place.

This is a freedom protected by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. It is the right to express yourself freely as long as you respect other people’s rights and freedoms. For example you cannot incite hate or violence against another person or group of people.

This is a freedom listed in the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms that allows any Canadian to choose which religion she believes in and practice her religion without pressure or interference.

An agreement where one person transfers their property to another without the other person having to pay for it or give something in return.

When a court decides based on evidence that a person is responsible for a crime. A person may also choose to admit to the court that he is responsible for a crime by entering a guilty plea. A person who enters a guilty plea will not go to trial, but will be sentenced for the crime he has admitted to.

A general term for what happens in a courtroom when a case is being heard. This includes more than just criminal trials. A civil case taking place in before a court will be called a hearing.

A right to someone else's property if they don't do something you agreed to. For example, say that a person borrows money from a bank and gives a hypothec on her house in exchange for the money. If she doesn’t pay back the money, the bank has the right to sell her house to get back the money she still owes them.

When something is against the law. Breaking the law can result in legal consequences such as being taken to court and having to follow a court order, or getting a criminal record and being sentenced.

The requirement that judges and juries be fair and neutral and treat everyone who comes before them equally. Judges and juries must make decisions based on what is presented in court and cannot make up their minds in advance, or without hearing everyone involved in a case. Their personal opinions should not get in the way of how they decide a case.

This is a court hearing which is closed to the public and the media. It’s sometimes also referred to as a “closed hearing”. Controversial trials, issues of security, or sensitive family matters, may all sometimes take place in camera.

A court order to stop someone from doing something or to get someone to do something. For example an employer could apply to the courts to stop workers from picketing outside the workplace during a strike. A neighbour could also ask for an injunction to stop his neighbour from cutting down a tree that they share in their backyards.

When an accused is found not guilty. An accused in a criminal trial is “presumed innocent until proven guilty”. This means that the Crown has the task of proving to the court that the accused is guilty. It has a higher standard to meet than the defence because it must prove that the accused is guilty “beyond a reasonable doubt”. The defence just has to raise a doubt in the judge’s or jury’s minds that the accused is not guilty.

A facility where those convicted of committing a crime must stay during their sentence. Jails are also often called prisons and sometimes detention centers.

A person appointed by the government to hear and decide cases in court. A judge can also be asked to give his/her opinion on a question of law which is not part of a court case. For example judges of the Supreme Court of Canada were asked by the government to give their opinion on whether same sex marriage could be legal within the Canadian Constitution.

The decision a judge or a jury makes after hearing all the evidence and arguments presented by people in court.

The specific subject that a court is responsible for. For example, some courts only hear criminal law cases, or youth cases, or family law cases, etc. Likewise the Supreme Court of Canada hears different kinds of cases than municipal courts, or provincial courts.

A group of people who are chosen to hear evidence in court during a criminal trial and decide if a person is guilty or not guilty of the crime they have been charged with. The jury must all agree (come to a unanimous decision) and present their decision before the court.

To know something.

When a personor company takes legal action in court against another person, or company, to try and enforce their rights or to get money to compensate for things that have gone wrong. The action of starting a law suit is sometimes described as “suing” someone.

Legal rules made by the government which must be followed by citizens. These rules are made to create order in society. When laws are broken, there is often a court case to try and fix what happened.

Laws made by the government.

Legal responsibility for something. When someone is found liable by the court, that person usually has to give compensation (money) to the other party for the damage or harm they have suffered as a result of what happened. For example, someone could be found liable for spreading lies about another person through the press and ruining the other person’s career.

When parties go to court to try and resolve a legal issue and ask a judge to decide what should happen.

A contract that gives someone the authority to act on another person’s behalf. For example, people often create mandates that state who will act on their behalf if they become unable to look after themselves.

An agreement made by two people before they marry that clearly sets out what will happen to their property, money etc. while they are together and if they separate.

A less formal process than a court hearing where a mediator assists parties to come to a solution to their disagreement.

A neutral person who helps people who disagree come to an agreement. To do this, the mediator listens to all sides of the story and suggests alternative solutions to the problem, without taking sides.

“Guilty mind” in Latin. It refers to the mental intent or state of mind required to commit a crime. Before someone can be found guilty of a crime, the Crown must prove that they had the mens rea to commit the crime at the time they did the act.

A person under the legal age of majority. In Quebec a person under 18 is a minor and does not have all the same rights and duties as an adult.

When a party makes a request to a court asking it to do something. Usually a motion is a written document which presents facts and arguments and sets out what the party would like to have happen.

Quebec’s government. The National Assembly of Quebec has the power to create laws.

A discussion between two or more people with the goal of coming to an agreement.

A finding by the court that the accused has not been proven 'guilty beyond a reasonable doubt'. At the beginning of a case an accused can plead guilty or not-guilty. At the end of a trial, if an accused is found not-guilty, he is free to go.

To be made aware of something that has legal consequences.

A statement made by a person to promise to tell the truth. In court, witnesses are asked to take an oath before they are able to testify on the witness stand.

This is when a lawyer objects to something another lawyer is doing in court because the other lawyer is not following the rules. For example, a lawyer can object to a question that a witness is being asked. The judge decides if the objection is allowed or not.

A duty imposed by the law. The law often requires us to do or not do certain things. We can also agree to create obligations for ourselves and for other people by signing contracts that say we will do certain things for each other. For example, a contract for services creates certain obligations such as when you get a hair cut, you agree with the hairdresser to let him cut your hair in exchange for money.

When someone does something that is illegal. The criminal law describes what punishments exist for each crime.

A person found guilty of committing a crime.

When the judge or court tells someone to do or stop doing something.

After a person has completed a sentence for a crime, and a certain time has passed, she can ask for a pardon. If she has behaved well, a pardon may be granted and her criminal record will be separated from the others so that only a very restricted number of people are allowed to see it.

A group of political representatives that are elected by citizens who meet to discuss provincial and national issues and create or change laws.

After completing a part of her sentence, a person can ask to be released from prison by promising to follow specific conditions such as staying away from another person, or obeying a curfew. This person will have to report regularly to a parole officer and can be returned to prison for not following the conditions.

People who go to court to ask the judge to decide an issue. The term parties is also used to describe the people who sign a contract together.

The person who brings a case to court to complain about another person’s behavior and ask for a solution to the problem. The opposing side is called the defendant.

When a person is accused of a crime, she makes a statement of guilty or not guilty. This statement is called a plea.

The arguments that a lawyer prepares and presents in court to convince the judge to rule in his client’s favour.

Previous judgements made by courts. As part of their arguments, lawyers will sometimes include similar cases to theirs to convince the judge to do the same thing that other judges did in the past.

The expiry date for bringing forward a lawsuit.

When a person convicted of a crime is allowed to spend the rest of her sentence (jail time) in the community. Usually she will have to follow specific conditions, such as not consuming drugs or alcohol, or respecting a curfew.

The list of conditions that a convicted person who has been released from jail early has to follow or he will be returned to jail.

The evidence that a lawyer presents in court to back up her client’s position and to convince the judge to rule in their favour.

The area of the law which deals with ownership of things and the rights someone has over things that belong to her.

A lawyer (sometimes called a “Crown”), who represents the government and brings forth cases where someone is accused of having committed a crime. The Prosecutor must prove that the accused is guilty beyond a reasonable doubt.

When a court issues an order to stop the publication of any information about what is happening in a particular trial.

This is a Quebec law that came into force in 1975. It assures that certain fundamental rights and freedoms of all Quebecers are protected such as freedom of religion, freedom of speech, and the right to equality.

When a person is asked questions related to a court case. What is said is sometimes written down to make sure that the person's story does not change.

When a person has a privilege guaranteed by a law and can go to court if the privilege is violated. The right to be treated equally is an example of a type of right.

A long black flowing cloak worn by lawyers in certain courts which shows that they are officers of the court. Judges also wear robes to show their authority and impartiality.

The rules that set out how things must happen in the court during a hearing. All of the parties who come to the court must follow these rules. There are different sets of rules for civil cases and criminal cases. For example, the rules of a court will explain who speaks first during a trial.

When a person’s private property (house, car, backpack, etc.) or body is examined to look for evidence relating to a case. A search is carried out by someone authorized by a court order, or by someone who has legal authority (such as a police officer). For example, when police pull over a car and look inside, this is considered a search.

A court order authorizing a certain individual to search another person’s property to look for evidence relating to a crime. In many circumstances police need a search warrant before they enter your house, since it is considered your private property.

The punishment given by a judge when a person has been found guilty of a crime.

When a legal document required by the rules of the court is delivered to the person it is addressed to. In Quebec, a bailiff will often complete service on behalf of a client. This can include for example, delivering a document called a subpoena to inform a witness that they need to appear in court to give testimony.

The amount of money that one spouse is required by law to pay to the other spouse to contribute to living expenses after they separate.

A legal document which is an order from the court requiring a person to be a witness and appear in court and give testimony. If a person ignores a subpoena, the court might issue a warrant for his arrest and get a police officer to go and bring him to court. A person who ignores a subpoena can be charged with a criminal offence called “contempt of court” for not respecting the subpoena.

Taking someone to court to get something which you think that you are owed.

The Supreme Court of Canada is the final court of appeal from all other Canadian courts. This means it reviews judgements of cases that have made their way through all levels of lower courts. The Supreme Court of Canada makes decisions on cases that have important national significance and its decisions are final and become the law. The court has 9 judges, a Chief Justice and 8 other judges who come from across Canada and are appointed by the federal government.

When a person makes a statement to the court under oath.

The statement a witness makes in court describing what they know about an event based on what they have seen or heard directly. Expert witnesses also give testimony of their opinion on certain issues. A testimony becomes evidence in a case.

A written record of what was said in court.

A court proceeding where both sides of a case present evidence to the judge. During a trial, the judge listens to evidence and considers the relevant laws that apply before making a decision about what should happen.

Similar to a court, a tribunal decides issues related to citizen’s rights in specialized areas of the law. The Régie du logement in Quebec, or the Quebec Human Rights Tribunal are two examples.

When everyone who votes on something agrees. In a criminal trial the jury must come to a “unanimous” decision, which means every single member of the jury must agree that the accused is guilty or innocent.

A judge’s or jury’s decision at the end of a trial about whether an accused is guilty or not guilty.

A person who has been negatively impacted by a crime. A victim may be suffering physical or mental injury, or economic loss as a result of the crime.

A legal document which states what someone wants to happen to his belongings, including property or land, after he dies.

A witness is someone who has personal knowledge of something which is relevant to a case. A witness can be called to court to report under oath on what she has seen or knows. A general rule in court is that a witness can only testify about what she has seen or heard, not what she has heard from other people about an event. Expert witnesses are an exception to this rule. Usually a witness is for one side or the other in a civil trial, or the Crown or defence in a criminal trial but not both. The other side or party has the opportunity in court to cross-examine witnesses (ask them questions) during a hearing to establish if they are credible or not.

A person aged twelve to seventeen who is charged and found guilty of a crime. Young offenders fall under the Youth Criminal Justice Act which is different set of rules for dealing with young offenders when compared to adults.

Special courts that hear cases under the Youth Criminal Justice Act.

The federal law that sets out the legal processes for dealing with people under 18 who have been charged with committing a crime. The Youth Criminal Justice Act also sets out how youth under 18 should be sentenced under the law.

ABC's of the Law

a

accused

acquittal

actus reus

adjournment

affidavit

agreement

alternative dispute resolution

appeal

areas of the law

arguments

arrest

arrest warrant

b

bail

balance of probabilities

bar

beyond a reasonable doubt

burden of proof

c

Canadian Charter of Rights and Freedoms

charge

child support

civil case

Civil Code of Quebec

civil law

claim

closed hearing

common law

communication of evidence

compensation

confidential

contempt of court

contract

conviction

court

court order

courtroom behaviour

criminal case

criminal code

criminal law

cross examination

crown attorney

custody

customs and traditions of the court

d

damages

decision

defence

deliberation

detention

detention centre

discrimination

divorce

e

employment law

evidence

examination-in-chief

exhibit

expert witness

f

facts

family law

fine

freedom of expression

freedom of religion

g

gift

guilty

h

hearing

hypothec

i

illegal

impartiality

in camera hearing

injunction

innocence

j