Chapter 4 and 5

Question 1

putting off to another time

Answer 1

adjournment

Question 2

legal document stating that the person to whom it is issued is alleged to have committed a criminal offence, and required that person to appear in court at a specified time

Answer 2

appearance notice

Question 3

to deprive a person of his or her liberty by legal authority so that he or she may answer to a criminal change

Answer 3

arrest

Question 4

the process whereby an accused person is released pending trial

Answer 4

bail

Question 5

the act of keeping someone in custody; an enforced delay

Answer 5

detention

Question 6

lawyer who is on duty at a police station or courtroom, to give legal advice to those arrested and/or brought before the court

Answer 6

duty counsel

Question 7

science dealing with the application of medical science to law

Answer 7

forensic science

Question 8

a court document that requires the determination of whether a person is being legally detained

Answer 8

information

Question 9

a written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence

Answer 9

habeas corpus

Question 10

a group of person who are lined up by the police, to enable a witness to a crime to specify the person that he or she witnessed committing it

Answer 10

line-up

Question 11

a person whose evidence is important in a court of law

Answer 11

material witness

Question 12

process in which the crown and the accused “make a deal,” usually resulting in the accused pleading guilty to a lesser charge in return for a lower penalty than would be received if found guilty of the original charge

Answer 12

plea bargain

Question 13

a process in which a person is asked various questions, and a lie detector machine measures changes in the blood pressure, respiration, and pulse rate to indicate whether the truth is being told

Answer 13

polygraph test

Question 14

a hearing held to determine if there is sufficient evidence to justify a trial

Answer 14

preliminary hearing

Question 15

on the face of something; something presumes to be true unless disproved by some evidence to the contray

Answer 15

prima facle

Question 16

a document signed by a person acknowledging that he/she is alleged to have committed an offence and will be required to appear in court; payment is made by accused

Answer 16

recognizance with surety

Question 17

a police procedure, to look for evidence that may be used in a court of law

Answer 17

search

Question 18

a document issued by a justice or judge to peace officers of a territory giving them the right to search a specific location, at a specific time, for a specific reason

Answer 18

search warrant

Question 19

a hearing before a judge where in the crown or the accused must show cause as to why the accused should be detained or released pending trial

Answer 19

show-case hearing

Question 20

(1) an order to appeal in criminal court; (2) an order to be a defendant requesting him/her to appear for trial to defend a plaintiff’s claim

Answer 20

summons

Question 21

a person who pays money on behalf of another released on bail

Answer 21

surety

Question 22

a warrant obtained by a peace officer, via telephone communication with a justice or judge, giving the officer the right to conduct a search

Answer 22

telewarrant

Question 23

a court document signed by a person indicating that he/she understands that he/she has been charged with a criminal offence, that he/she must attend a court at a specified time, and that he/she must follow any conditions laid down by the judge

Answer 23

undertaking

Question 24

location

Answer 24

venue

Question 25

a document issued by a justice or judge to peace officers of a territory giving them the right to arrest an accused and bring him/her before the court

Answer 25

warrant for arrest

Question 26

a contested action, in which each party presents its case to court

Answer 26

adversary system

Question 27

a solemn declaration by a witness that he/she will tell the truth

Answer 27

affirmation

Question 28

a defence that places the accused at the relevant time in a different place than scene of crime

Answer 28

alibi

Question 29

the reading of the charge by the court clerk to the accused

Answer 29

arraignment

Question 30

actions performed by an individual who i snot conscious of what he/she is doing; for example actions performed while sleepwalking or concussed

Answer 30

automatism

Question 31

french phrase meaning "formerly acquitted"

Answer 31

autrefois acquit

Question 32

french phrase meaning "formerly convict"

Answer 32

autrefois convict

Question 33

the challenging of the suitability of a juror on the grounds of lack of qualifications, lack of impartiality with regard to the crown and the accused, or knowledge of the case

Answer 33

challenge for a cause

Question 34

all evidence of an indirect nature

Answer 34

circumstantial evidence

Question 35

an acknowledgement in words by the accused of the truth of all or part of the charge against him/her

Answer 35

confession

Question 36

any act that is calculated to embarrass, hinder, or obstruct a court in the administration of justice, or lessen its dignity

Answer 36

contempt of court

Question 37

the fact of quality of having someone's evidence believed

Answer 37

creditability

Question 38

evidence given by a person who witnessed the events in question, or which cannot be disproved by any other fact

Answer 38

direct evidence

Question 39

judge's direction to the jury, after the crown presents its evidence, to find the accused not guilty due to the fact that the crown has not proven its cause

Answer 39

directed verdict

Question 40

the party in a position of power over another

Answer 40

dominant party

Question 41

prohibition against being tried for the same offence twice

Answer 41

double jeopardy

Question 42

the threat or use of violence by one party that forces another to do something against his or her will

Answer 42

duress

Question 43

the selection of a jury

Answer 43

empanelling

Question 44

the action of inducing a person into committing an offence

Answer 44

entrapment

Question 45

the first questioning of a witness

Answer 45

examination-in-chief

Question 46

a denial by the accused of the truth of the charge

Answer 46

exculpatory confession

Question 47

evidence not proceeding from the personal experience or knowledge of a witness

Answer 47

hearsay evidence

Question 48

the defence that the offender truthfully did not know that a criminal crime was committed

Answer 48

honest mistake

Question 49

a jury that cannot come to a unanimous decision in a criminal case

Answer 49

hung jury

Question 50

a statement that incriminates the person giving it

Answer 50

inculpatory confession

Question 51

a defence that indicates the accused had no other alternative to the action taken

Answer 51

necessity

Question 52

a solemn promise or statement that something is true

Answer 52

oath

Question 53

evidence of what a person thinks in regard to facts in dispute

Answer 53

opinion evidence

Question 54

the challenging of the suitability of a juror for no reason

Answer 54

peremptory challenge

Question 55

the act of knowingly giving false evidence in a judicial proceeding, with intent to mislead

Answer 55

perjury

Question 56

a process in which a person is asked various questions, and a lie-dector machine

Answer 56

polygraph

Question 57

a communication that cannot be required to be presented in court as evidence

Answer 57

privileged communications

Question 58

any action or words that might cause a reasonable person to behave irrationally or to lose self control

Answer 58

provocation

Question 59

to present evidence that counteracts or disproves evidence given by the adverse party

Answer 59

rebut

Question 60

behaviour, such as the giving of evidence, that indicates one's guilt

Answer 60

self-incrimination

Question 61

a jury that prevented from interacting with non-jurors and kept together until a decision is reached

Answer 61

sequestered

Question 62

evidence that the accused had previously committed a similar offence

Answer 62

similar fact evidence

Question 63

a court order to stop a judicial proceeding, with no further action until the occurrence of some event

Answer 63

stay of proceedings

Question 64

a court document ordering the appearance of a person in court for a specific purpose, usually a witness

Answer 64

subpoena

Question 65

to present evidence that counteracts or disproves evidence given by the adverse party

Answer 65

surrebuttal

Question 66

the formal decision made by a jury

Answer 66

verdict

Question 67

a trial within a trial to decide upon the admissibility of evidence

Answer 67

voir dire