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Canadian Law > Chapter 6: Trial procedures > Flashcards

Chapter 6: Trial procedures Flashcards

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1
Q

What is adversarial system?

A
  • System of law in which two or more opposing sides present their case on court.
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2
Q

What is adversarial system?

A
  • System of law in which two or more opposing sides present their case on court.
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3
Q

What are the two opposing sides?

A
  • The crown
  • The defense
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4
Q

In which case the trial procedure doesn’t have jury and the decision is made by the judge alone?

A
  • If the accused commited a summary conviction or minor indictable.
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5
Q

Who has the full control of if the court room?

A
  • Judges
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6
Q

What is one of the most important role judges have?

A
  • What evidence is Admissable
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7
Q

What is the role of a judge in a simple trial?

A
  • Is evidence is believeable
  • If the accused is innocent or guilty
  • Set a sentence
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8
Q

What is a crown attroney?

A
  • Lawyer who prosecutes on behalf of the gorvernment.
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9
Q

What is the principle of disclosure?

A
  • The acussed has the right to the disclosure of all rleevant information in the possesion of the crown.
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9
Q

What is the principle of disclosure?

A
  • The acussed has the right to the disclosure of all rleevant information in the possesion of the crown.
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10
Q

What is the defense counsel?

A
  • the legal representative of the accused
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11
Q

What is the court clerk?

A
  • Person who keeps records and files, and proccesses documents for court.
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12
Q

What is a court recorder?

A
  • A person who documents court proceedings.
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13
Q

What is the sheriff?

A
  • Crown-appointed official who acts as part of the justice administration system.
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14
Q

What is the motion of state of proceedings?

A
  • Stops the trial from proceeding at all
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15
Q

How many jurors are in a trial?

A
  • 12 jurors
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16
Q

What is empanelling?

A
  • To process to sleect juries
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17
Q

What is the process of empanelling?

A
  1. List created by vote
  2. Selection comitte directed by the sehrif randomly picks 75 out fo the 100 names
  3. The jury panel is called to appear in court.
  4. Juries are selected according to their bias
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18
Q

What are the qualifications to be a jury?

A
  • Must be a candian citizen
  • Must be at leat 18 years old.
  • They must have reside in the province for at least a year.
  • They must speak either English or French
  • They must be mentally fit to take on th erepsonsability.
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19
Q

Who gets exempted form jury duty?

A
  • Publicly elected politicians
  • Judges, law students, lawyers.
  • Doctors and veterinarians
  • Law enforcement offciers.
  • People who are visualy impaired
  • People with mental or physical disability
  • Anyone who has served as a jury in the lat 3 years
  • Anyone convisted form an indictable offense that hasn’t bee pardoned.
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20
Q

What are the three types of challenge?

A
  • Challenge of jury list
  • Challenge for cause
  • Peremptory challenge
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21
Q

What is challenge of jury list?

A
  • if sheriff or selection comitee was baised
  • Misconduct from the prospective jurors.
22
Q

What is challenge for cause?

A
  • formal obejection to a prosprective juror for specific reasons.
23
Q

What is a peremptory challenge?

A
  • Allows the defence or crown to eliminate a prospictive juror withoout giving a specific reason.
24
Q

What jurors must not do?

A
  • Dicuss the case with others than jurors.
  • Folow media reports about the case.
  • Disclose any information from the jury discussion.
25
Q

What is a sequester?

A
  • To keep the jury togther and isolated until a verdict
26
Q

What is arraignment?

A
  • When the charge is read by the court clerk to the accused.
  • The accused the pleads guilty or not guilty.
27
Q

What are exhibits?

A
  • Physical evidence
28
Q

What is direct evidence?

A
  • Evidence obtained from someone that saw the crime being comitted.
    (not always reliable)
29
Q

What is circumstancial evidence?

A
  • inirect evidence, that shows that the accused is the most likely the one who comitted the crime.
30
Q

What is an examination in chief?

A
  • When the lawyers asks the first questions to their own witness
31
Q

What is the cross-examination?

A
  • When a lawyer asks questions to a witness they did not bring.
32
Q

What are leading questions?

A
  • Leads the witness to a particular answer, generally yes or no.
33
Q

What is a directed verdict?

A
  • When Judge withdraws the case form the duty and finds the accused not guilty because the crown has not proven its case.
34
Q

What is a subpoena?

A
  • A court document ordering a person to appear on court.
35
Q

What is perjury?

A
  • To knowingly give false evidence during a trial.
36
Q

What is credibility?

A
  • The fact or quality of being believable or reliable.
37
Q

What is voir dire?

A
  • It is a trial within a trial to decide if evidence can be shown to the jury.
38
Q

What is self incrimination?

A
  • The act of implicating oneself in a crime.
    (A witness can object to question on the grounds of self incrimination)
39
Q

What are priviliged communications?

A
  • Confidential communication that can’t be disclosed.
40
Q

What is similar fact evidence?

A
  • Evidence that shows the accused has comitted similar offences in the past.
41
Q

What is hearsay evidence?

A

• any written or spoken statement;
• that was made outside the trial; and
• that is being used to prove the truth of the statement.

42
Q

What is opinion evidence?

A
  • What an expert witness thinks about certain facts in a case.
43
Q

What is character evidence?

A
  • Information that indicates the likehood of any negative character traits form the accused.
  • If the defense introduces evidence of good character, the crown is allowed to use evidence of bad character.
44
Q

What are the circumstances where police can intercept private conversations?

A
  • The situation is an emergency
  • To prevent an unlawful to act that would cause serious harm
  • One party under surveillance is either performing the act or is a victim.
45
Q

What is polygraph evidence?

A
  • Lie detection test.
46
Q

What is a confession?

A
  • A statement in which the accussed admits that some or all of the charges are true.
47
Q

What is inculpatory evidence?

A
  • Demonstration of guilt
48
Q

What is exculpatory evidence?

A
  • Clearing the defendant of guilt
49
Q

What is the summation?

A
  • Summary of all key arguments
50
Q

What is the charge of the jury?

A
  • The judge’s instruction and advise to the jury at the end of a trial
51
Q

What is the jury’s role?

A
  • To determine the facts of a case
52
Q

What is the judge’s role?

A
  • To determine the law
53
Q

What is a hung jury?

A
  • A jury that cannot come to an unanimous decision in a criminal case.

Canadian Law (10 decks)

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