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123 Cards in this Set
- Front
- Back
What are the 4 Main Functions of the Law |
1.) To help resolve disputes peacefully
2.) To establish rules of conduct
3.) To protect rights and freedoms
4.) To provide protection for all members of society |
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Substantive Law Definition |
Consists of all laws that list the rights and obligations of each person in society.
(Also known as the "Substance of the Law") |
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Procedural Law Definition |
Outlines the steps involved in protecting the rights given under substantive law.
(Also known as the "Process of Law")
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Public Law Definition |
Controls the relationships between governments and the people who live in society. It represents laws that apply to all individuals. |
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Criminal Law Definition |
A set of rules passed by parliament defining acts called "crimes" considered to be offences against society. |
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Constitutional Law Definition |
The laws that set out the structure of the federal provincial, territorial governments and the division of powers amongst them. |
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Administrative Law Definition |
The area of law that controls the relationship between citizens and governments. (E.g. LCBO) |
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Private Law Defintion |
Law that controls the legal relationships between citizens, and between citizen organizations (Also known as civil law) |
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Family Law Definition |
Law that deals witht the relationships between individuals living together as spouses or partners and between parents and children. |
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Retribution Definition |
Means a deserved penalty for a wrong/ crime or vengence. |
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Restitution Defintion |
Means that the offender should restore something that was damaged to it's rightful condition, or return something that was taken unlawfully to it's rightful owner. |
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Tort Law |
Outlines the area of law that
- Deals with wrongs that one person committs against another person |
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Statue Law |
Sets out the structure of the federalm provincial, and territorial governments. |
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Common Law |
It is the law based on judges' trial decisions, precedent, and reported case law. It is distinct from the statute law by the governments and it serves as a major part of Canadian law today. |
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Precedent (stare decisis) |
A legal decision that serves as an example and authority in sibsequent similar cases. It is the basis for the rule of precedent (the legal principal in which similar facts result in similar decisions) |
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Rule of Law |
That all people, including the king, had to obey the same laws; no one was above the law. |
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Code of Hammurabi |
one of the earliest known sets of written laws, recorded by King Hammurabi of Babylon in 1750 BCE |
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Name of Canada's First constitution and when it was passed |
British North America Act. - Passed on July 1st 1867 |
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Why the statute of Westminister of 1931 was significant to Canada's constitution? |
- It gave Canada the freedom to pass laws which applied to its own domestic and foeriegn affairs and Britain could no longer overrule Canada |
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What is the significance of sections 91 and 92 of Canada's constitution? |
It divided the powers and responsibilities between the federal and provincial governments |
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Bill |
A proposed law, a draft form of an act or statue |
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Law (Act) |
A rule to govern action, a rule of conduct established by the government for society to follow and obey |
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Royal Assent |
When the crown (lietenant governer) approves of a proposed law and it is read out to the legislalature by the clerk |
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Procolammation Date |
A specified day when the law is to be set into place and take force |
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Trial by Combat |
Nobles fought in a duel. It was believed God would determine who was right. If the accused was killed in a criminal case, the verdict was guilty. (Even if wounded but lost the duel he would be hanged immediately) |
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Trial by fire |
The accused had to hold a red hot iron. The hand was then wrapped in cloth and uncoveed after 3 days. If the burn had healed the accused was innocent and if not they were found guilty. |
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Human Rights |
Rights tht protect people from being unfairly discriminated against by other individuals - This legislation cannot control stereotyping or prejudice |
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Conciliation |
Where the complainant and respondent meet with the investigator in attempt to settle the dispute to resolve the complaint of discrimination |
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Tribunal |
Also known as a board of inquiry.
It is a panel of people who are appointed by the governemnt and the ON human rights commission to hear the sides of the story and decide on a settlement. |
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Read Down |
To rule the law is generally acceptable, but is unacceptable in the case before the court. |
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Right |
Refers to what a person is permitted to do. |
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Freedom |
- Refers to the power a person has to act without unfair interference by an individual or the state.Acts that are free of coecrion and constraints... |
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Respondent |
Person accused of discrimination |
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Strike Down |
To rule that the law is invalid and no longer in effect |
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Civil rights legislation controls the power of the... |
Government over citizens |
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Complainant |
The person who files the complaint of discrimination |
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Human rights legislation controls the power of the... |
Individual over the citizens |
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Direct |
(intentional)Discrimination - Refers to a practice or behaviour that is overt and clearly discriminatory |
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Social Group |
Common categories people identify with... |
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Constructive |
Unintentional discrimination -- Occurs when a seemingly neitral requirement has a negative impact on an individual or group |
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Hate Crime |
Usually violent, prejudice motivated crime that occurs when a perpetrator targets a victim because of his or her perceived membership in a certain social group.
- Considered a criminal offence under section 318 and 319 of the Criminal code of Canada
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What tragic World War Two event sparked the movement toward legislation which would guarantee the rights and freedoms of all Canadians. |
The holocaust and the murders of millions of innocent people |
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What Prime Minister is credited with first introducing legislation designed to protect one's rights and freedoms? |
John Diefenbaker |
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What is the name of the federal civil liberties which was passed in 1960? |
Canadian Bill of Rights |
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Briefly explain two key weaknesses of the Canadian Bill of Rights legislation |
1. The Canadian Bill of Rights is a federal statue; and therefore applies only to matters falling under federal jurisdiction.
2. The Canadian Bill of Rights is a statue and therefore, not only could parliament change it at any time, but because one statue can overrule another statue, their effectiveness is not guaranteed.
3. The Canadian Bill of Rights also did little to protect equality rights. |
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What piece of constitutional legislation concerning rights and freedoms, introduced in 1982, was designed to correct these weaknesses. |
The Canadian Charter of Rights and Freedoms |
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What Prime MInister of Canada is credited with introducing this constitutional legislation concerning the rights and freedoms in1982? |
Pierre Elliot Trudeau |
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Section 1 of the Charter is also known as... |
The reasonable limits clause |
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Section 33 of the charter is known as... |
The not withstanding clause |
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What is the name of Canada's federal statue which was created to deal with cases of discrimination? |
Canadian Human Rights Act |
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In Ontario what is the name of the provincial statue which was created to deal with cases of discrimination? |
Ontario Human Rights Code |
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In Ontario, what is the name of the provincial organization which was created to deal with cases of discrimination? |
Ontario Human Rights Commission |
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List some of the "prohibited grounds of discrimination" under Ontario's human rights statue. |
Race |
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Stereotype - Definition |
– Refers to an over-simplified, false, or generalized belief about a group of people.
- It is when you apply characteristics, assumed to belong to one member of a group to all members of a group. |
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Prejudice - Definition |
- Refers to any preconceived attitude or feeling, favourable or unfavourable formed about a group of people beforehand or without knowledge, thought or reason.
- It is when you apply characteristics, assumed to belong to a certain group to on member of that group. |
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Direct Discrimination - Definition |
(Intentional)Refers to a practice or behaviour that is overt and clearly discriminatory. |
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Constructive Disrimination - Definition |
(Unintentional) - Occurs when a seemingly neutral requirement has a negative impact on an individual or group |
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Crime |
Any act, omission, or state of being that is prohibited and punishable by a federal statue |
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Intent |
refers to the desire to carry out certain actions, and the ability to foresee the results. |
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Motive |
The rationale for committing an offence. |
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Reckless |
When a person foresees the possibility of a harmful consequence, and then takes the risk in the hope that the harm will not result. The person must understand the risks of their actions and proceed to act anyways. |
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Due diligence |
A defence that the accused took reasoanble care not to commit the act or that the accused honesty believed his or her actions were innocent |
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Conspiracy |
refers to an agreement between two or more people to carry out an illegal act. (Requires serious intention) |
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Accesory After the Fact |
Is someone who helps a person who has committed a crime to escape detention or capture. (Includes providing food, clothing, money, or shelter) |
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Culpable Homicide: |
A killing which the accused can be held legally responsible (1st and 2nd degree) |
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Non-Culpable: |
A killing which a person cannot be held legally responsible (accident or self-defence) |
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First Degree Murder |
the killing of another person that is planned and deliberate, in which the victim is a law enforcement agent, or that is related to committing or attempting other crimes that are particularly offensive to society (e.g., hostage taking, sexual assault, hijacking an airplane) |
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Infanticide |
The killing of a newborn baby by his or her mother |
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Mens Rea |
Means “guilty mind”. Must also be shown that the accused intended to commit the offence. The concept of mens rea requires that a certain state of mind must exist at the time of the crime.
In their mind, a person must foresee the consequences of their conduct and be aware of the circumstances included in the definition of the crime. |
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Actus Reus: |
Actus Reus: Means “wrongful deed”. Must be shown that the person committed an act prohibited by law. |
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AggravatedSexual Assault |
A person who while committing sexual assault wounds, maims, disfigures, or endangers the life of the victim. |
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Theft |
The act of taking another person's property with the intent to deny the owner the enjoyment of the goods |
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Onus |
The burden of proof which falls on the crown during criminal trials |
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Robbery |
The threat or use of violence, force, or fear while committing theft |
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Break and Enter |
A) To break any part, internal or external or open anything that is used to close ot to cover the opening -- B) enters by a part of a person's body or instrument used is within anything being entered |
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Arson |
Intentionally or recklessly causing damage to a property by fire or explosion |
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Trafficking |
- Intent to sell, give, administer, transport, send, deliver or distribute a controlled substance - To sell authorization to a controlled substance or to offer to do any of the above |
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Abduction |
The illegal, forced removal of an unmarried person under the age of 16 from the person who has lawful care of the child |
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Restricted weapon |
Object used to injure, kill, threaten , or intimidate another person that require the owner to have a permit. |
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Controlled Substance |
Any material both illegal and legal drugs listed in the Controlled Drugs and Substances Act |
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Motor Vehicle |
Any vehicle that is drawn, propelled, or driven by any means other than muscular power |
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Aid |
Means to assist the principal offender in the commission of a crime |
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Abet |
To encourage the principal offender in the commission of a crime. |
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Posession |
Having knowledge or control over an illegal drug or weapon or if found on the person |
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Summary Conviction Offences |
• Minor offences (E.g. traffic offences) |
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Indictable Offences |
• More serious offences (Murder, manslaughter, rape) |
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Hybrid (Dual Procedure) Offences |
• Those which can be punished as a summary or indictable offence, at the discretion of the Crown. |
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Arrest Warrant |
A document issued by the court which gives police authorization to arrest the accused. |
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Detain |
Legally depriving a person of thei rliberty for the purpose of asking questions, with or without the use of physical restraint. |
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Arrest |
Legally depriving a person of their liberty for the purpose of charging them with a criminal offence |
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Search Warrant |
A document issued by the court which gives the police authroization to search a specific location. |
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Information |
A statement given under oath, informing the court details concerning a particular offence |
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Show-cause Hearing |
A court date where the accused will attempt to convince the judge that the accused should stay in custody pending their trial
- (Reverse Onus) the burden of proof lies on the accused during bail hearings ti prove why they should be released until their trial |
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Bail |
The temporary release of an accused person who posts a sum of money or other security to guaranteed their appearance in court.
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Recognizance |
A court document that indicates the accused is aware of all: charges pending, future court dates, and specific release conditions. |
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Undertaking |
A court document which acts as a guarantee that the accused will appear in court when required, otherwise, the accused may be required to pay a fine of up to $500 |
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Preliminary Hearing |
A court date where the Crown will attempt to convince the judge that there is sufficient evidence to proceed with the trial in a higher court. |
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Empanelling |
The process of selecting a jury |
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Sequestering |
Seclusion of the jury as they work towards reaching a verdict |
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Arraignment |
The reading of the charge by the court clerk to the accused |
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Subpoena |
A court document ordering the appearance of a person in court |
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Oath |
Swearing to tell the truth on the Bible or other religious book |
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Affirmation |
A solemn and formal declaration to tell the truth |
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Perjury |
The act of knowingly giving false evidence in a judicial proceeding |
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Voir Dire |
A trial within a trial to decide upon the admissibility of evidence |
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Charge to the Jury |
A judge's explanation of the law and instructions on how the law applies to the case on trial |
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Hung Jury |
A jury that cannot reach a unanimous verdict |
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Credibility |
Whether or not the information given by a witness is worth of belief, honest, trustworthy, and competent so that it can be admissable into court. |
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Habeas Corpus |
Meaning that any person who was imprisoned without explanatio was entitled to appear before the courts within reasonable time |
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Litigation |
Process of suing |
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Litgants |
Parties involved in the action of suing |
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Custody |
-- In criminal law, actual imprisonment or physical detention; -- in family law, the care and control of a child awarded by the court |
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Incarceration |
Imprisonment or incarceration |
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Jurisdiction |
authority or power to do something, such as make laws |
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Mosaic Law |
- Originated from Moses - Set out in the first 5 books of the Old Testament - Sever punishments such as execution by stoning |
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Crown Attorney |
in criminal matters, the lawyer prosecuting on behalf of the Crown and society; an agent of the attorney general |
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Infringement |
broken or violated, as in an agreement or right that is infringed |
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Stay of Proceedings |
a court order to stop the trial proceedings until a certain condition is met |
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Victim Impact statement |
a statement made in court by the victim and others affected by the offence that describes the impact of the offence on their lives |
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Recidivism |
A relapse into criminal behaviour following an offender's release which leads to a return to prison |
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Polygraph Test |
a process that measures a person’s changes in blood pressure, perspiration, and pulse rate to indicate if he or she is telling the truth; these tests are not admissible in Canadian courts |
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Attempted Murder |
- Everyone who having an intent to commit an offence does or omits to do anything for the purpose of carrying out the intention |
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Property Crime |
Property crime is a category of crime in which the person who commits the crime seeks to do damage to or derive an unlawful benefit or interest from another’s property without using force or threat of force. |