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Law 12 > Ch.7 > Flashcards

Ch.7 Flashcards

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1
Q

Hearsay Evidence

A

Testimony given in court that is the witness saying they know something because someone else said it to them (third party evidence)

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2
Q

Hung Jury

A

Jury in a trial that can’t reach a unanimous decision

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3
Q

Judge

A

1-3 persons in charge of sentencing and interpreting the law in a trial or appeal

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4
Q

Jury

A

12 people sworn to give a verdict in a legal, typically criminal, case on the basis of evidence submitted to them in court

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5
Q

Jury Panel

A

group of people from which a final jury is selected

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6
Q

Justice of the Peace

A

lower level judges that hear minor claim cases

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7
Q

Leave

A

to go away from the current trial and apply for an appeal

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8
Q

Motion for dissmissial

A

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

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9
Q

Peremptory challenge

A

attorney’s rights to reject a potential juror without stating a reason

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10
Q

Perjury

A

knowingly lying under oath of law

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11
Q

Preliminary hearing

A

mini hearing before a trial to see if it;s worth the courts time and money

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12
Q

Provincial court

A

hears every case except those severe enough to be tried at the Supreme Court of Canada

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13
Q

Rebut

A

each side’s opportunity to knock down and put doubt in the other side’s statements, proof of falseness

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14
Q

Respondent

A

defense in appeals or divorce court

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15
Q

Sherriff

A

Keeps the safety of the accused and others during trial

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16
Q

Subpoena

A

a writ summon of a person to court

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17
Q

Superior court of the province

A

Supreme court of BC

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18
Q

Supreme Court of Canada

A

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

19
Q

Surrebuttal

A

rebuttal to a rebuttal

20
Q

Voir Dire

A

preliminary examination of a witness or a juror by a judge or counsel

21
Q

Wiretapping

A

A form of Electronic Surveillance that monitors telephonic and telegraphic communication

22
Q

Witnesses

A

a person who sees an event, typically a crime or accident, take place and testifies that in court

23
Q

Accused

A

The person being charged for a crime

24
Q

Appeal

A

to appeal to a higher court to review a discussion of a lower court

25
Q

Appellant

A

the people(party) that file for an appeal

26
Q

Arraignment

A

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

27
Q

Beyond a Reasonable Doubt

A

the necessary conclusion of the jury to convict someone of a crime. There should be no doubt within reasonable limits

28
Q

Burden of Proof

A

the crown council’s responsibility to prove the accused is guilty beyond reasonable doubt

29
Q

Challenge fo Cause

A

either council can exclude someone from the jury for a reason

30
Q

Character evidnece

A

evidence that shows the type of person the accused is about their likelihood of either committing or not committing the crime.

31
Q

Charge to the Jury

A

the judge explain the law and how it applies to the case that they will hear

32
Q

Circumstantial Evidence

A

indirect(probable) evidence, easily creates doubt

33
Q

Federal Court of Canada

A

the court of the federal government, has trial and appeal courts

34
Q

Evidence

A

information given by witnesses or physical objects that prove the accused innocence or guilt

35
Q

Duty Counsel

A

the governemnt’s lawyers that give free legal advice to people that are arrested or brought before the court

36
Q

Directed Verdict

A

the judge give the verdict of not guilty and withdraws the jury

37
Q

Direct Examination

A

the counsel’s examination of a witness that is their own

38
Q

Direct Evidence

A

the evidence(testimony) given by a witness to proves a fact

39
Q

Defence Counsel

A

the lawyer(s) representing the accused

40
Q

Crown Attorney

A

the lawyer(s) representing the government

41
Q

Cross Examination

A

the attorney’s examination of a witness that is not their own

42
Q

Court of Appeal

A

a court which reviews cases and can change decisions of lower courts

43
Q

Court Clerk

A

a court official that assists the judge, administers oaths, keeps a record of the trial

Law 12 (7 decks)

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