Chapter 7

Question 1

Accused

Answer 1

in criminal court, the person charged with committing a criminal offence

Question 2

Appeal

Answer 2

an application to a higher court to review the decision made by a lower court

Question 3

Appellant

Answer 3

the party that files an appeal

Question 4

Beyond a Reasonable Doubt

Answer 4

a standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant committed the offence

Question 5

Burden of Proof

Answer 5

the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt

Question 6

Challenge for Cause

Answer 6

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

Question 7

Character Evidence

Answer 7

evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence

Question 8

Charge to the Jury

Answer 8

the judge’s explanation to the jurors of how the law applies to the case before them

Question 9

Circumstantial Evidence

Answer 9

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

Question 10

Court Clerk

Answer 10

the court official who assists the judge

Question 11

Court of Appeal

Answer 11

a court with the authority to review decisions made by lower courts

Question 12

Cross Examination

Answer 12

the second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney

Question 13

Crown Attorney

Answer 13

the lawyer representing the government, responsible for instituting legal proceedings against the accused

Question 14

Defence Counsel

Answer 14

the lawyer who defends an accused person on trial

Question 15

Direct Evidence

Answer 15

testimony given by a witness to prove an alleged fact

Question 16

Direct Examination

Answer 16

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

Question 17

Directed Verdict

Answer 17

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

Question 18

Duty Counsel

Answer 18

a lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court

Question 19

Evidence

Answer 19

information that tends to prove or disprove the elements of an offence

Question 20

Federal Court of Canada

Answer 20

a court that hears cases involving the federal government; consists of a trial and an appeal division

Question 21

Hearsay Evidence

Answer 21

evidence given by a witness based on information received from someone else rather than personal knowledge

Question 22

Hung Jury

Answer 22

a jury that cannot reach a unanimous verdict and is consequently dismissed from the case

Question 23

Judge

Answer 23

the court official appointed to try cases in a court of law and to sentence convicted persons

Question 24

Jury

Answer 24

in a criminal trial, a group of 12 people who decide whether the accused is guilty or not guilty

Question 25

Jury Panel

Answer 25

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

Question 26

Justice of the peace

Answer 26

a court official who has less authority than a judge but can issue warrants and perform other judicial functions

Question 27

Leave

Answer 27

permission to appeal a case from a lower court to a higher court

Question 28

Motion for Dismissal

Answer 28

a request by defence counsel that the judge dismiss that the judge dismiss the charges against the defendant

Question 29

Peremptory Challenge

Answer 29

the right of the Crown or the defence to exclude someone from a jury without providing a reason

Question 30

Perjury

Answer 30

knowingly making false statements in court while giving evidence under oath or affirmation

Question 31

Preliminary Hearing

Answer 31

a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

Question 32

Provincial Court

Answer 32

the lowest level in the hierarchy of Canadian courts

Question 33

Rebut

Answer 33

to contradict evidence introduced by the opposing side

Question 34

Respondent

Answer 34

the party that responds to an appeal

Question 35

Sheriff

Answer 35

the court official responsible for jury management and handles accused persons who are in custody, also maintains security in the courtroom

Question 36

Subpoena

Answer 36

a court order requiring the witness to appear in court on a certain date

Question 37

Superior Court of the Province

Answer 37

the highest criminal and civil court, consisting of a trial division and an appeal division (Supreme Court of British Columbia)

Question 38

Supreme Court of Canada

Answer 38

the highest appeals court in Canada; also deals with constitutional questions referred to it by the federal government

Question 39

Surrebuttal

Answer 39

a reply to the opposing side’s rebuttal

Question 40

Voir Dire

Answer 40

a mini-trial in which jurors are excluded while the admissibility of evidence is discussed

Question 41

Wiretapping

Answer 41

the interception of telephone communications

Question 42

Witnesses

Answer 42

persons who give evidence while under oath in a court of law

Question 43

Arraignment

Answer 43

the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea