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Law 12 > Chapter 4 and 5 > Flashcards

Chapter 4 and 5 Flashcards

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1
Q

putting off to another time

A

adjournment

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2
Q

legal document stating that the person to whom it is issued is alleged to have committed a criminal offence, and required that person to appear in court at a specified time

A

appearance notice

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3
Q

to deprive a person of his or her liberty by legal authority so that he or she may answer to a criminal change

A

arrest

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4
Q

the process whereby an accused person is released pending trial

A

bail

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5
Q

the act of keeping someone in custody; an enforced delay

A

detention

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6
Q

lawyer who is on duty at a police station or courtroom, to give legal advice to those arrested and/or brought before the court

A

duty counsel

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7
Q

science dealing with the application of medical science to law

A

forensic science

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8
Q

a court document that requires the determination of whether a person is being legally detained

A

information

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9
Q

a written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence

A

habeas corpus

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10
Q

a group of person who are lined up by the police, to enable a witness to a crime to specify the person that he or she witnessed committing it

A

line-up

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11
Q

a person whose evidence is important in a court of law

A

material witness

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12
Q

process in which the crown and the accused “make a deal,” usually resulting in the accused pleading guilty to a lesser charge in return for a lower penalty than would be received if found guilty of the original charge

A

plea bargain

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13
Q

a process in which a person is asked various questions, and a lie detector machine measures changes in the blood pressure, respiration, and pulse rate to indicate whether the truth is being told

A

polygraph test

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14
Q

a hearing held to determine if there is sufficient evidence to justify a trial

A

preliminary hearing

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15
Q

on the face of something; something presumes to be true unless disproved by some evidence to the contray

A

prima facle

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16
Q

a document signed by a person acknowledging that he/she is alleged to have committed an offence and will be required to appear in court; payment is made by accused

A

recognizance with surety

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17
Q

a police procedure, to look for evidence that may be used in a court of law

A

search

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18
Q

a document issued by a justice or judge to peace officers of a territory giving them the right to search a specific location, at a specific time, for a specific reason

A

search warrant

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19
Q

a hearing before a judge where in the crown or the accused must show cause as to why the accused should be detained or released pending trial

A

show-case hearing

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20
Q

(1) an order to appeal in criminal court; (2) an order to be a defendant requesting him/her to appear for trial to defend a plaintiff’s claim

A

summons

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21
Q

a person who pays money on behalf of another released on bail

A

surety

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22
Q

a warrant obtained by a peace officer, via telephone communication with a justice or judge, giving the officer the right to conduct a search

A

telewarrant

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23
Q

a court document signed by a person indicating that he/she understands that he/she has been charged with a criminal offence, that he/she must attend a court at a specified time, and that he/she must follow any conditions laid down by the judge

A

undertaking

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24
Q

location

A

venue

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25
Q

a document issued by a justice or judge to peace officers of a territory giving them the right to arrest an accused and bring him/her before the court

A

warrant for arrest

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26
Q

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

A

adversary system

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27
Q

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

A

affirmation

28
Q

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

A

alibi

29
Q

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

A

arraignment

30
Q

actions performed by an individual who i snot conscious of what he/she is doing; for example actions performed while sleepwalking or concussed

A

automatism

31
Q

french phrase meaning “formerly acquitted”

A

autrefois acquit

32
Q

french phrase meaning “formerly convict”

A

autrefois convict

33
Q

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

A

challenge for a cause

34
Q

all evidence of an indirect nature

A

circumstantial evidence

35
Q

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

A

confession

36
Q

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

A

contempt of court

37
Q

the fact of quality of having someone’s evidence believed

A

creditability

38
Q

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

A

direct evidence

39
Q

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 cause

A

directed verdict

40
Q

the party in a position of power over another

A

dominant party

41
Q

prohibition against being tried for the same offence twice

A

double jeopardy

42
Q

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

A

duress

43
Q

the selection of a jury

A

empanelling

44
Q

the action of inducing a person into committing an offence

A

entrapment

45
Q

the first questioning of a witness

A

examination-in-chief

46
Q

a denial by the accused of the truth of the charge

A

exculpatory confession

47
Q

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

A

hearsay evidence

48
Q

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

A

honest mistake

49
Q

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

A

hung jury

50
Q

a statement that incriminates the person giving it

A

inculpatory confession

51
Q

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

A

necessity

52
Q

a solemn promise or statement that something is true

A

oath

53
Q

evidence of what a person thinks in regard to facts in dispute

A

opinion evidence

54
Q

the challenging of the suitability of a juror for no reason

A

peremptory challenge

55
Q

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

A

perjury

56
Q

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

A

polygraph

57
Q

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

A

privileged communications

58
Q

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

A

provocation

59
Q

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

A

rebut

60
Q

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

A

self-incrimination

61
Q

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

A

sequestered

62
Q

evidence that the accused had previously committed a similar offence

A

similar fact evidence

63
Q

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

A

stay of proceedings

64
Q

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

A

subpoena

65
Q

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

A

surrebuttal

66
Q

the formal decision made by a jury

A

verdict

67
Q

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

A

voir dire

Law 12 (1 decks)

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