TrespassTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.
Criminal negligenceIn criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea, a mental state of guilt. To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence).
VictimologyVictimology is the study of victimization, including the psychological effects on victims, the relationship between victims and offenders, the interactions between victims and the criminal justice system—that is, the police and courts, and corrections officials—and the connections between victims and other social groups and institutions, such as the media, businesses, and social movements. In criminology and criminal law, a victim of a crime is an identifiable person who has been harmed individually and directly by the perpetrator, rather than by society as a whole.
Codification (law)In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. Ancient Sumer's Code of Ur-Nammu was compiled circa 2050–1230 BC, and is the earliest known surviving civil code.
Summary offenceA summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines.
Incapacitation (penology)Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.
Proportionality (law)Proportionality is a general principle in law which covers several separate (although related) concepts: The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime.
Inchoate offenseAn inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent." Intention (criminal law) Every inchoate crime or offense must have the mens rea of intent or of recklessness, typically intent.
Draco (lawgiver)Draco (ˈdreɪkoʊ; Δράκων, Drakōn; fl. c. 7th century BC), also called Drako or Drakon, was the first recorded legislator of Athens in Ancient Greece. He replaced the prevailing system of oral law and blood feud by the Draconian constitution, a written code to be enforced only by a court of law. Draco was the first democratic legislator requested by the Athenian citizens to be a lawgiver for the city-state, but the citizens had not expected that Draco would establish laws characterized by their harshness.
Common lawIn law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
