Chapter 7

Question 1

Accused

Answer 1

The person or group of people who are on trial for and or are charged with committing an offence.

Question 2

Appeal

Answer 2

Applying to a higher in order to change results made by a lower court because of legal flaws made by the lower court.

Question 3

Appellant

Answer 3

The person who decides to challenge the court’s decision. ie: the person challenging the lower court by making an appeal to a higher court.

Question 4

Arraignment

Answer 4

The first stage in a criminal trial where the charges are first read out, and the defence counsel makes its plea.

Question 5

Beyond a Reasonable Doubt

Answer 5

Guilt of the accused must be proven beyond a doubt that is deemed reasonable. This means that prosecution has a duty to prove that the accused is guilty without any holes in the evidence. If there is enough reason to believe that the accused might be innocent than the accused will not be convicted.

Question 6

Burdon of Proof

Answer 6

Burden of proof means it is the Crowns job to make solid case so that to prove the accused’s guilt if such is true. It is not the job of the Defence to prove the accused innocent, only to make the jury believe there is a reasonable doubt in the accused’s guilt.

Question 7

Challenge for Cause

Answer 7

Either the Defence counsel or the Crown counsel may Challenge for cause which allows them to discriminate someone from the jury panel if they can prove that a potential juror has a) already made an opinion on the case. b) The potential juror is physically unable to perform the jury duty. c) The person has been convicted of a serious offence.

Question 8

Character Evidence

Answer 8

Evidence that establishes the likelihood that the accused is in fact the type of person who would or would not commit the crime in question.

Question 9

Charge to the Jury

Answer 9

The judges explanation to the jurors of how to apply the law to the case in front of them.

Question 10

Circumstantial Evidence

Answer 10

Indirect evidence that leads to a reasonable inference of the defendants guilt.

Question 11

Court Clerk

Answer 11

A person is responsible for the inner workings and flow of a court room. A court clerk keeps a record of the proceeding that occur during the trial, as well are a assistant to the judge.

Question 12

Court of Appeal

Answer 12

A court whose jurisdiction is to review decisions of lower courts. The job of a appeals court is not to try cases but to determine whether the law was applied properly by the lower courts.

Question 13

Cross Examination

Answer 13

The second questioning of a witness in order to test the accuracy of the witnesses testimony made to the opposing counsel.

Question 14

Crown Attorney

Answer 14

A lawyer prosecuting the defendant on behalf of the crown/ country.

Question 15

Defence Counsel

Answer 15

Lawyers who represent the accused.

Question 16

Direct Evidence

Answer 16

A testimony given by a witness to prove an alleged fact.

Question 17

Direct Examination

Answer 17

The first questioning of a witness to determine what he or she observed of the crime.

Question 18

Direct Verdict

Answer 18

A decision made by the judge to withdraw the case from the jury and enter a verdict of not guilty.

Question 19

Duty Counsel

Answer 19

A lawyer who’s job is to give free legal advice to person’s who are arrested or brought before the court.

Question 20

Evidence

Answer 20

Anything relevant to a case that can prove or disprove facts in a trial. This could be testimony’s or material evidence.

Question 21

Federal Court of Canada

Answer 21

A court which hears cases involving the federal government, consisting of a trial division and an appeals division.

Question 22

Hearsay Evidence

Answer 22

Evidence given by a witness based on information given from a third party.