Chapter 7

Question 1

Accused

Answer 1

Defendant; the person charged with committing a crime

Question 2

appeal

Answer 2

an application to a higher court to review the decisions of a lower court

Question 3

appellant

Answer 3

party that filed the appeal

Question 4

arraignment

Answer 4

first stage of the trial where the court clerk reads the charges and the defendant enters the appeal

Question 5

beyond a reasonable doubt

Answer 5

The defendant’s guilt must be proven to where a reasonable person would have no choice but to deem it guilty

Question 6

burden of proof

Answer 6

The crown’s obligation to prove guilty beyond reasonable guilt

Question 7

challenge for cause

Answer 7

the right for the crown or defence to exclude someone from jury for a particular reason

Question 8

character evidence

Answer 8

used to establish the likelihood of the defendant to or not to commit a certain offence

Question 9

court clerk

Answer 9

helps the judge sweat people in and other duties of such

Question 10

court of appeal

Answer 10

court within authority to review decisions made by other courts

Question 11

cross examination

Answer 11

the second questioning of the witness to test the witness’ testimony. done by the opposing attorney

Question 12

crown attorney

Answer 12

attorney representing the crowns interest in prosecuting criminal offenders

Question 13

defence counsel

Answer 13

lawyer who represents the accused

Question 14

direct evidence

Answer 14

testimony given by a witness to prove an alleged fact

Question 15

direct examination

Answer 15

first round of questioning of the witness to learn what (s)he saw at the crime

Question 16

directed verdict

Answer 16

a decision by the judge to withdraw the cases from the jury and enter a verdict of not guilty

Question 17

duty counsel

Answer 17

a lawyer on duty to give free legal advice to a person at a police station or court

Question 18

evidence

Answer 18

information that leads to guilty or not guilty

Question 19

federal court of Canada

Answer 19

court that hears cases that involve the federal government

Question 20

Hearsay evidence

Answer 20

evidence that is rumoured to be true

Question 21

Hung jury

Answer 21

a jury that cannot reach a unanimous verdict, ends in dismissal of the case

Question 22

judge

Answer 22

a court official appointed to try cases in the court of law

Question 23

Jury

Answer 23

a group of 6 or 12 (people) of the defendant’s peers, job is to decide innocence or guilt

Question 24

Jury panel

Answer 24

a large group of of randomly selected citizens from which jury members are chosen

Question 25

Justice of the peace

Answer 25

a person that has less authority than a judge but can still administer warrants and do other judicial functions

Question 26

Leave

Answer 26

permission to appeal a case to a higher court

Question 27

Motion for dismissal

Answer 27

a request from the defence counsel to have the judge dismiss the charges against the defendant

Question 28

Peremptory challenge

Answer 28

the right of the crown or defence counsel to exclude someone from the jury without proving a reason

Question 29

Perjury

Answer 29

knowingly making false statements in court while under oath

Question 30

Preliminary hearing

Answer 30

where the judge decides if there is enough evidence to put the accused to trial

Question 31

Provincial court

Answer 31

the lowest level of the court hierarchy

Question 32

Rebut

Answer 32

to contradict evidence introduced by the opposing side

Question 33

Respondent

Answer 33

the party that responds to an appeal, person/organization that is being sued

Question 34

Sheriff

Answer 34

court official responsible for jury management

Question 35

Subpoena

Answer 35

a court order requiring one to come to court on a specific date and time to give evidence

Question 36

Superior court of the province

Answer 36

the highest criminal and civil court in BC

Question 37

Supreme court of Canada

Answer 37

the highest court of appeal in Canada, also deals with constitutional questions asked of it by the federal government

Question 38

Surrebuttal

Answer 38

a response to the opposing sides rebuttal

Question 39

Voir dire

Answer 39

where the judge, defence, and crown discuss what evidence is admissible

Question 40

Wiretapping

Answer 40

the interception of phone conversations

Question 41

Witness

Answer 41

person who gives evidence while under oath in a court of law

Question 42

Charge to the jury

Answer 42

the judges explanation to the jury as to how the law applies to the case before them

Question 43

Circumstantial evidence

Answer 43

indirect evidence that leads to a reasonable inference of the defendant’s guilt