Chapter 10 Definitions 2

Question 1

Plea Bargaining

Answer 1

The negotiatton between the Crown and the defense whereby the Crown agrees to a lesser charge or to recommend a lighter penalty in return for a guilty plea by the accused

Question 2

Resolution Discussion

Answer 2

Negotiation between the Crown and the defense whereby the Crown agrees to a lesser charge or to recommend a lighter penalty in exchange for a guilty plea by the accused

Question 3

Burden of Proof

Answer 3

The responsibility to prove one’s case

Question 4

Reasonable Doubt

Answer 4

The level of uncertainty beyond which proof must be established in a criminal trial

Question 5

Acquitted

Answer 5

Released after being declared not guilty

Question 6

Disclosure

Answer 6

A requirement that all relevant information be made available

Question 7

Stay of Proceedings

Answer 7

A judicial remedy used by the courts to stop the action against an accused if the continuance of the action would be considered prejudicial to the accused

Question 8

Motions for Adjournment

Answer 8

Requests to carry over the trial to another time or date

Question 9

Impartial

Answer 9

Unbiased or unprejudiced

Question 10

Trier of Law

Answer 10

The person who rules on how the law is applied to the facts; in an adversarial system, the judge

Question 11

Jury Panel

Answer 11

A group of individuals from which a jury is chosen; also known as a “jury array”

Question 12

Challenged

Answer 12

Made a formal objection to a prospective juror

Question 13

Challenge for Cause

Answer 13

An objection made by a Crown or defense lawyer to remove a prospective juror from consideration because of his or her bias or knowledge about the facts of a case

Question 14

Peremptory Challenge

Answer 14

An objection made by a Crown or defense lawyer to remove a prospective juror without a specific reason being given

Question 15

Deliberates

Answer 15

Discusses and weighs the evidence in order to determine a verdict

Question 16

Charge the Jury

Answer 16

To instruct the jury outlining the law that must be considered an applied to the facts in the case

Question 17

Perjury

Answer 17

In criminal law, a formal charge laid against an individual for making a false statement under oath

Question 18

Victim Impact Statement

Answer 18

A declaration made by the victim or the victim’s family detailing the harm done to them and the effect of the crime on their life

Question 19

Direct Evidence

Answer 19

Witness testimony that is used to verify a fact

Question 20

Physical Evidence

Answer 20

Material evidence used to prove facts relating to a crime

Question 21

Circumstantial Evidence

Answer 21

Indirect evidence that allows an inference to be made about the guilt of the accused

Question 22

Voir Dire

Answer 22

The exclusion of the jury from the courtroom while the admissibility of evidence is discussed; often referred to as a “trial within a trial.”

Question 23

Relevance

Answer 23

The relation to the matter in question

Question 24

Leading Questions

Answer 24

Questions that suggest the answer, which may not be asked on direct examination of a witness but may be allowed on cross-examination

Question 25

Direct Examination

Answer 25

The questioning by a lawyer of his or her own witness

Question 26

Hearsay Evidence

Answer 26

Testimony that comes from a third party and is not within the knowledge of personal experience of the witness

Question 27

Reference

Answer 27

The submission of a significant legal question to the Supreme Court for consideration