MGMT 202 Lecture Notes - Lecture 6: Precedent, Private Law, Royal Canadian Mounted Police
Criminal law
the body of law that deals with conduct considered so harmful to society as a whole that it is prohibited
by statute and prosecuted and punished by the government
Private law
regulates relationships between individuals other than the state and is used to resolve disputes between
private citizens
Precedent
a judicial decision that may be used as a standard in subsequent similar cases
Common law
law that is based on custom, tradition, and practice and is generally unwritten
Statute law
written laws that have been enacted by a legislative body, such as the Parliament of Canada
Case law
Law that is established by previous court decisions and based on the rule of precedent
Stare Decisis
the principle by which the higher courts set precedents that the lower courts must follow
Crime
an act or omission that is prohibited by criminal law
Summary Conviction Offences
generally less serious offences that are triable before a magistrate or judge and, on conviction carry a
maximum penalty of a fine (not to exceed $5000) or six months in a provincial correctional facility or
both
Indictable Offences
find more resources at oneclass.com
find more resources at oneclass.com
generally more serious criminal offences that may carry maximum prison sentences of 14 years to life;
examples include murder, robbery, and aggravated sexual assault
Hybrid (or Elective) Offences
offences that can be proceeded summarily or by indictment—a decision that is always made by the
crown
Value Consensus Model
the view that the behaviours are defined as criminal and the punishment imposed on offenders reflects
commonly held opinions and limits of tolerance
Conflict Model
the view that crime and punishment reflect the power some groups have to influence the formulation
and application of criminal law
Moral Entrepreneurs
individuals, groups or organizations that seek action against certain groups of people or certain
behaviours and bring pressure on legislators to enact criminal statutes (MADD, pro-choice etc.,)
Criminology
scientific study of crime and criminal behaviour
Criminal justice
study of social control and the agencies that are involved in the apprehension, prosecution, defence,
sentencing, incarceration, and supervision of those suspected or charged with or convicted of criminal
offences
Criminal Justice System
all the agencies, organizations and personnel that are involved in the prevention of, and response to,
crime and to persons charged with criminal offences and persons convicted of crimes
Crime Control Model
find more resources at oneclass.com
find more resources at oneclass.com
an orientation to criminal justice in which the protection of the community and the apprehension of
offenders are paramount
Due Process Model
an orientation to criminal justice in which the legal rights of individual citizens, including crime suspects
are paramount
Task Environment
the cultural, geographic, and community setting in which the criminal justice system operates and
justice personnel make decisions
Constitution Act, 1867
The legislation setting out the division of responsibilities between the federal and provincial or territorial
government
Criminal Code
federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and
sentences and procedures for the administration of justice
Adversarial system
a system of justice that is based on two opposing sides—the prosecution and the defense—arguing the
guilt or innocence of a person before a judge or jury
Beyond a Reasonable Doubt
the standard that must be met to convict a defendant in a criminal case, which requires that the facts
presented provide the only logical explanation for the crime
Discretion
the freedom to choose among different options when confronted with the need to make a decision
Ethics
The foundation of knowledge that describes right/wrong or better/worse...and applies to harm/care and
fairness/reciprocity
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Criminal law the body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government. Private law regulates relationships between individuals other than the state and is used to resolve disputes between private citizens. Precedent a judicial decision that may be used as a standard in subsequent similar cases. Common law law that is based on custom, tradition, and practice and is generally unwritten. Statute law written laws that have been enacted by a legislative body, such as the parliament of canada. Law that is established by previous court decisions and based on the rule of precedent. Stare decisis the principle by which the higher courts set precedents that the lower courts must follow. Crime an act or omission that is prohibited by criminal law.
