ch. 5 Vocab

Question 1

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

Answer 1

adversary system

Question 2

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

Answer 2

affirmation

Question 3

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

Answer 3

alibi

Question 4

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

Answer 4

arraignment

Question 5

action performed by an individual who is no conscious of what he or she is doing; for example actions performed while sleepwalking or concussed

Answer 5

automatism

Question 6

French phrase meaning “formerly acquitted”

Answer 6

autrefois acquit

Question 7

french phrase meaning “formerly convicted”

Answer 7

autrefois convict

Question 8

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

Answer 8

challenge for cause

Question 9

all evidence of an indirect nature

Answer 9

circumstantial evidence

Question 10

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

Answer 10

confession

Question 11

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

Answer 11

contempt of court

Question 12

the fact or quality of having one’s evidence believed

Answer 12

credibility

Question 13

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

Answer 13

direct evidence

Question 14

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 case

Answer 14

directed verdict

Question 15

the party in a position of power over another

Answer 15

dominant party

Question 16

prohibition against being tried for the same offence twice

Answer 16

double jeopardy

Question 17

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

Answer 17

duress

Question 18

the selection of a jury

Answer 18

empanelling

Question 19

the action of inducing a person into committing an offence

Answer 19

entrapment

Question 20

the first questioning of a witness

Answer 20

examination-in-chief

Question 21

a denial by the accused of the truth of the charge

Answer 21

exculpatory confession

Question 22

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

Answer 22

hearsay evidence

Question 23

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

Answer 23

honest mistake

Question 24

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

Answer 24

hung jury

Question 25

a statement that incriminates the person giving it

Answer 25

inculpatory confession

Question 26

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

Answer 26

necessity

Question 27

a solemn promise or statement that something is true

Answer 27

oath

Question 28

evidence of what person thinks in regard to facts in dispute

Answer 28

opinion evidence

Question 29

the challenging of the suitability of a juror for no reason

Answer 29

peremptory challenge

Question 30

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

Answer 30

perjury:

Question 31

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

Answer 31

polygraph

Question 32

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

Answer 32

privileged communication

Question 33

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

Answer 33

provocation

Question 34

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

Answer 34

rebut

Question 35

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

Answer 35

self-incrimination

Question 36

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

Answer 36

sequestered

Question 37

evidence that the accused had preciously committed a similar offence

Answer 37

similar fact evidence

Question 38

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

Answer 38

stay of proceedings

Question 39

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

Answer 39

subpoena

Question 40

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

Answer 40

surrebuttal

Question 41

the formal decision made by a jury

Answer 41

verdict

Question 42

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

Answer 42

voir dire