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Flashcards in Chapter Seven Deck (43)
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1
Q

accused

A

(defendant);in criminal court, the person charged with committing a criminal offence

2
Q

appeal

A

an applications to a higher court to review the decision made by the lower court

3
Q

appellent

A

the party that files an appeal

4
Q

arraignment

A

the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea

5
Q

beyond a reasonable doubt

A

a standard of proof where the defendants guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence

6
Q

burden of proof

A

the crowns obligation to prove the guilt of the accused beyond reasonable doubt

7
Q

challenge for cause

A

the right of the crown or defence to exclude someone from a jury for a particular reason

8
Q

character evidence

A

evidence used to establish the likelihood that the defendant is the type of person who either would or wouldn’t commit a certain offence

9
Q

charge to the jury

A

the judges explanation to the jurors of how the law applies to the cue before them

10
Q

circumstantial evidence

A

indirect evidence - leads to a reasonable inference of the defendants guilt

11
Q

court clerk

A

the court official who assists the judge

12
Q

court of appeal

A

a court with the authority to review decisions made by lower courts

13
Q

cross examination

A

the second questioning of a witness to test the accuracy of the accuracy of the testimony; performed by the opposing attorney

14
Q

crown attorney

A

(prosecutor); the lawyer representing the government, responsible for instituting legal proceedings against the accused

15
Q

defence counsel

A

the lawyer who defends an accused person on trial

16
Q

direct evidence

A

testimony given by a witness to prove an alleged fact

17
Q

direct examination

A

the first questioning of a witness to determine what he/she saw/noticed about the crime

18
Q

directed verdict

A

a decision by the judge to withdraw the case from the jury and enter a verdict of to guilty

19
Q

duty counsel

A

a lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before court

20
Q

evidence

A

information that tends to prove or dip rove the elements of an offence

21
Q

federal court of canada

A

a court that hears cases involving the federal government; has a trial and an appeal division

22
Q

hearsay evidence

A

evidence given by the a witness based on information received from someone else anther than personal knowledge

23
Q

hung jury

A

a jury that can’t reach a unanimous verdict and in consequently dismissed from the case

24
Q

judge

A

the court official appointed to try cases in a court of law and to sentence convicted persons

25
Q

jury

A

in a criminal case, a group of 12 people who decide whether the accused is guilty or not

26
Q

jury panel

A

the large group od randomly selected citizens from which jury members are chosen

27
Q

justice of the peace

A

a court official who has less authority than a judge but can issue warrants and preform judicial functions

28
Q

leave

A

permission to appeal a case from a lower court to a higher court

29
Q

motion for dismissal

A

a request by defence counsel that the judge dismiss the charges against the defendant

30
Q

peremptory challenge

A

the right of the crown or defence to exclude someone from a jury without providing reasoning

31
Q

perjury

A

knowingly making false statements in court while giving evidence under oath

32
Q

preliminary hearing

A

a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

33
Q

provincial court

A

the lowest level of hierarchy of canadian courts

34
Q

rebut

A

to contradict evidence introduced by the opposing side

35
Q

respondent

A

the party that responds to the appeal

36
Q

sheriff

A

the court official responsible for jury management

37
Q

subpoena

A

a court order requiring the witness to appear in court on a certain date to give evidence

38
Q

superior court of the province

A

the highest criminal and civil court, consisting of a trial division and an appeal division

39
Q

supreme court of canada

A

the highest appeals court in canada, also deals with constitutional questions referred to by the federal government

40
Q

surrebuttal

A

to reply to the opposing sides rebuttal

41
Q

voir dire

A

a mini-trial in which jurors are excluded while admissibility of evidence is discussed

42
Q

wiretapping

A

the interception of telephone communication

43
Q

witness

A

persons who give evidence while under oath in court