Chapter 7 Flashcards
Accused
in criminal court, the person charged with committing a criminal offence
Appeal
an application to a higher court to review the decision made by a lower court
Appellant
the party that files an appeal
Beyond a Reasonable Doubt
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
Burden of Proof
the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt
Challenge for Cause
the right of the Crown or defence to exclude someone from a jury for a particular reason
Character Evidence
evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence
Charge to the Jury
the judge’s explanation to the jurors of how the law applies to the case before them
Circumstantial Evidence
indirect evidence that leads to a reasonable inference of the defendant’s guilt
Court Clerk
the court official who assists the judge
Court of Appeal
a court with the authority to review decisions made by lower courts
Cross Examination
the second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney
Crown Attorney
the lawyer representing the government, responsible for instituting legal proceedings against the accused
Defence Counsel
the lawyer who defends an accused person on trial
Direct Evidence
testimony given by a witness to prove an alleged fact
Direct Examination
the first questioning of a witness to determine what he or she observed about the crime
Directed Verdict
a decision made by the judge to withdraw the case from the jury and enter a verdict of not guilty
Duty Counsel
a lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court
Evidence
information that tends to prove or disprove the elements of an offence
Federal Court of Canada
a court that hears cases involving the federal government; consists of a trial and an appeal division
Hearsay Evidence
evidence given by a witness based on information received from someone else rather than personal knowledge
Hung Jury
a jury that cannot reach a unanimous verdict and is consequently dismissed from the case
Judge
the court official appointed to try cases in a court of law and to sentence convicted persons
Jury
in a criminal trial, a group of 12 people who decide whether the accused is guilty or not guilty
Jury Panel
the large group of randomly selected citizens from which jury members are chosen
Justice of the peace
a court official who has less authority than a judge but can issue warrants and perform other judicial functions
Leave
permission to appeal a case from a lower court to a higher court
Motion for Dismissal
a request by defence counsel that the judge dismiss that the judge dismiss the charges against the defendant
Peremptory Challenge
the right of the Crown or the defence to exclude someone from a jury without providing a reason
Perjury
knowingly making false statements in court while giving evidence under oath or affirmation
Preliminary Hearing
a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial
Provincial Court
the lowest level in the hierarchy of Canadian courts
Rebut
to contradict evidence introduced by the opposing side
Respondent
the party that responds to an appeal
Sheriff
the court official responsible for jury management and handles accused persons who are in custody, also maintains security in the courtroom
Subpoena
a court order requiring the witness to appear in court on a certain date
Superior Court of the Province
the highest criminal and civil court, consisting of a trial division and an appeal division (Supreme Court of British Columbia)
Supreme Court of Canada
the highest appeals court in Canada; also deals with constitutional questions referred to it by the federal government
Surrebuttal
a reply to the opposing side’s rebuttal
Voir Dire
a mini-trial in which jurors are excluded while the admissibility of evidence is discussed
Wiretapping
the interception of telephone communications
Witnesses
persons who give evidence while under oath in a court of law
Arraignment
the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea
