Test 1 Flashcards
(71 cards)
Name 4 differences between Civil and Criminal litigation
- Bargaining power is different
- Criminal proceedings are commenced via laying an information whereas a civil action is commenced by a statement of claim by an individual or company
- There is a crown and in a criminal case and not civil
- Evidence is strictly by the duty of the prosecutor in a criminal case whereas evidence must be given by both parties in civil case
Who lays an information
A police officer.
How is a civil proceeding commenced?
The issuer, who is the plaintiff commences an action by filing a statement of claim.
What step in taken in a civil matter where all parties must be aware of and what kind of evidence is provided?
Pre-trail where there is discovery of the evidence which allows both parties to prepare for the matter.
What is the difference in providing evidence in a criminal case?
The case is strictly on the complete duty of the prosector and as an individual is not on equal footing with the government.
What is the sharing of evidence in a criminal case called?
Disclosure
Who is the trier of fact in a criminal case?
Judge and/or jury
What is the standard of proof in both a civil and criminal case?
Civil - Balance of probabilities
Criminal - Beyond a reasonable doubt
Describe the Civil process in 10 steps
- Statement of claim
- Discovery
- Mode of trial - SCJ either party can choose judge or judge + jury
- Trial - In-chief, cross-exam and re-examine
- Pre-trial motions
- May bring a motion for non-suit (defence) - directed verdict
- Trial may continue or case dismissed
- Reply or rebuttal evidence
- Submissions
- The trier of fact considers the evidence and decides the case on a balance of probabilities and determines liability and if any damages will be paid.
Describe the criminal process in 11 steps
- Information is laid
- Disclosure is provided to the accused
- Selection for mode of trial
- Trial commences and crown presents evidence first. Ex-in-chief, cross-exam and re-examine
- Pre-trial motions or voire dire’s may arise
- Trial continues and witnesses are called
- A direct verdict may be requested by the defence
- Defense presents their case. Ex-in-chief, cross-exam and re-examine
- Reply or rebuttal may be done by the crown
- Submissions
- The trier of fact which is the judge and/or jury and decides the case to render a verdict of guilty or not guilty
Name 2 ADR’s available in a civil matter
- Settlement Conference
- Mediation
Name 2 ADR’s available in a criminal matter
- Crown resolution meeting
- Voir Dire
What is a prima facie case (civil)?
No duty of care - which results in a non-suit motion
What section of the Human Rights Code is the right to a reasonable time frame to be dealt with in a criminal case?
11(b)
Define Inculpatory evidence
Evidence that incriminates the accused
Define Exculpatory evidence
Evidence that does not incriminate the accused
Who does a plea bargain benefit?
Mostly the crown however it reduces the penalty for the accused
What can a crown do during cross-examination?
Bring up new questions based on cross-examination questions made by the defence
Under what circumstance can a crown counsel bring up the personal information of an accused?
Only if the accused distorts their character or it becomes relevant during testimony
Define adversarial system
A system by which a dispute is resolved by an impartial arbiter after hearing evidence and an argument presented by both parties
What is a fact finder?
Someone who participates in seeking out the truth by investigating and questioning facts
What is it called when there is too much participation from a judge?
Reasonable apprehension of bias
What is the harm in reasonable apprehension of bias?
Too much influence of the jury’s decision
What is the name of the case mentioned regarding the removal of a judge from a matter that acted as counsel?
R. v. Musselmon
