Chapter Seven Flashcards Preview

LAW VOCAB > Chapter Seven > Flashcards

Flashcards in Chapter Seven Deck (43):
1

accused

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

2

appeal

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

3

appellent

the party that files an appeal

4

arraignment

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

5

beyond a reasonable doubt

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

burden of proof

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

7

challenge for cause

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

8

character evidence

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

charge to the jury

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

10

circumstantial evidence

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

11

court clerk

the court official who assists the judge

12

court of appeal

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

13

cross examination

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

14

crown attorney

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

15

defence counsel

the lawyer who defends an accused person on trial

16

direct evidence

testimony given by a witness to prove an alleged fact

17

direct examination

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

18

directed verdict

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

19

duty counsel

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

20

evidence

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

21

federal court of canada

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

22

hearsay evidence

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

23

hung jury

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

24

judge

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

25

jury

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

26

jury panel

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

27

justice of the peace

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

28

leave

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

29

motion for dismissal

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

30

peremptory challenge

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

31

perjury

knowingly making false statements in court while giving evidence under oath

32

preliminary hearing

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

33

provincial court

the lowest level of hierarchy of canadian courts

34

rebut

to contradict evidence introduced by the opposing side

35

respondent

the party that responds to the appeal

36

sheriff

the court official responsible for jury management

37

subpoena

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

38

superior court of the province

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

39

supreme court of canada

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

40

surrebuttal

to reply to the opposing sides rebuttal

41

voir dire

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

42

wiretapping

the interception of telephone communication

43

witness

persons who give evidence while under oath in court