Ch.7 Flashcards
Hearsay Evidence
Testimony given in court that is the witness saying they know something because someone else said it to them (third party evidence)
Hung Jury
Jury in a trial that can’t reach a unanimous decision
Judge
1-3 persons in charge of sentencing and interpreting the law in a trial or appeal
Jury
12 people sworn to give a verdict in a legal, typically criminal, case on the basis of evidence submitted to them in court
Jury Panel
group of people from which a final jury is selected
Justice of the Peace
lower level judges that hear minor claim cases
Leave
to go away from the current trial and apply for an appeal
Motion for dissmissial
defense council’s opportunity after the crown presents their evidence, to say the trial is over since the crown didn’t make it’s case
Peremptory challenge
attorney’s rights to reject a potential juror without stating a reason
Perjury
knowingly lying under oath of law
Preliminary hearing
mini hearing before a trial to see if it;s worth the courts time and money
Provincial court
hears every case except those severe enough to be tried at the Supreme Court of Canada
Rebut
each side’s opportunity to knock down and put doubt in the other side’s statements, proof of falseness
Respondent
defense in appeals or divorce court
Sherriff
Keeps the safety of the accused and others during trial
Subpoena
a writ summon of a person to court
Superior court of the province
Supreme court of BC
Supreme Court of Canada
Highest court of Canada, the final court of appeals in the Canadian justice system.The court grants permission to between 40 and 75 cases each year to appeal decisions rendered by provincial, territorial and federal appellate courts
Surrebuttal
rebuttal to a rebuttal
Voir Dire
preliminary examination of a witness or a juror by a judge or counsel
Wiretapping
A form of Electronic Surveillance that monitors telephonic and telegraphic communication
Witnesses
a person who sees an event, typically a crime or accident, take place and testifies that in court
Accused
The person being charged for a crime
Appeal
to appeal to a higher court to review a discussion of a lower court
Appellant
the people(party) that file for an appeal
Arraignment
one of the first things done in a trial
the court clerk reads to charge to the accused and he/she pleads guilty/not guilty
Beyond a Reasonable Doubt
the necessary conclusion of the jury to convict someone of a crime. There should be no doubt within reasonable limits
Burden of Proof
the crown council’s responsibility to prove the accused is guilty beyond reasonable doubt
Challenge fo Cause
either council can exclude someone from the jury for a reason
Character evidnece
evidence that shows the type of person the accused is about their likelihood of either committing or not committing the crime.
Charge to the Jury
the judge explain the law and how it applies to the case that they will hear
Circumstantial Evidence
indirect(probable) evidence, easily creates doubt
Federal Court of Canada
the court of the federal government, has trial and appeal courts
Evidence
information given by witnesses or physical objects that prove the accused innocence or guilt
Duty Counsel
the governemnt’s lawyers that give free legal advice to people that are arrested or brought before the court
Directed Verdict
the judge give the verdict of not guilty and withdraws the jury
Direct Examination
the counsel’s examination of a witness that is their own
Direct Evidence
the evidence(testimony) given by a witness to proves a fact
Defence Counsel
the lawyer(s) representing the accused
Crown Attorney
the lawyer(s) representing the government
Cross Examination
the attorney’s examination of a witness that is not their own
Court of Appeal
a court which reviews cases and can change decisions of lower courts
Court Clerk
a court official that assists the judge, administers oaths, keeps a record of the trial
