Criminal & Civil Trial Procedure Flashcards
(30 cards)
What is the onus of Proof?
The obligation of a party to produce the evidence that will prove the claims they have made against the other party.
What is the standard of proof for Civil and Criminal cases?
Civil - The balance of probability.
Criminal - Beyond reasonable doubt.
What is a tort?
A wrongful act or an infringement of a right.
What are the four torts?
Defamation, Trespass, Negligence, and Nuisance.
What is defamation?
The action of damaging the good reputation of someone.
Slander - spoken defamation.
Libel - written defamation.
What is trespassing?
The act of entering someone’s land or property without permission.
What is assault?
An act that threatens physical harm to a person, whether or not actual harm is done.
What is nuisance?
An act which is harmful or offensive to the public or a member of it.
What is the Adversarial Trial System?
A legal system used in the common law countries where two advocates represent their parties’ case or position before a jury or judge.
What are aggravating factors?
Any fact or circumstance that increases the severity or culpability of a criminal act.
What are mitigating factors?
Any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.
What is judicial discretion?
The power of the judiciary to make some legal decisions according to their discretion.
What is a criminal offence?
An act harmful not only to some individual but also to a community, society or the state.
What is an indictable offence?
An indictable offence is an offence where the defendant has the right to trial by jury.
What is a summary offence?
An offence within the scope of a summary court. These offences are often less serious than indictable offences.
What is a remedy?
A means of legal reparation. Remedies include damages (nominal,
What is a sanction?
A threatened penalty for disobeying a law or rule. Sanctions are given for criminal cases, and can include prison sentences, fines,
Define remand.
The act of placing a defendant on bail or in custody, especially when a trial is adjourned.
Define bail.
The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
What is an examination-in-chief?
The questioning of a witness by the party which has called that witness to give evidence, in support of the case being made.
Name the first step in civil pre-trial procedure.
Pleading documents:
- writ and statement of claim
- service
- notice of appearance
- statement of defence/counterclaim
Name the second step in civil pre-trial procedure.
Further and better particulars:
- interrogatories
- discovery
Name the third step in civil pre-trial procedure.
Certificate of readiness for trial.
State the rules of evidence.
Hearsay, relevance, privilege, similar fact, corroboration, the right to remain silent.
