Chapter 7

Question 1

Accused

Answer 1

AKA defendant, person charged with an 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

party that files an appeal

Question 4

Arraignment

Answer 4

1st stage of criminal trial, court clerk reads charge and accused enters a plea

Question 5

Beyond a reasonable doubt

Answer 5

a defendant’s guilt must be proven to an extent that a reasonable person would conclude that they committed the offence

Question 6

Burden of proof

Answer 6

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

Question 7

Challenge for cause

Answer 7

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

Question 8

Character evidence

Answer 8

evidence used to establish that the accused is the type of person who would or would not commit a crime

Question 9

Charge to the jury

Answer 9

judge’s explanation to the jury of how the law applies to the case

Question 10

Circumstantial evidence

Answer 10

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

Question 11

Court clerk

Answer 11

court official who assists the judge, also records everything said in a trial in BC

Question 12

Court of appeal

Answer 12

court with the authority to review decisions made by lower courts

Question 13

Cross examination

Answer 13

2nd questioning of a witness to test accuracy of their testimony, performed by opposing attorney

Question 14

Crown attorney

Answer 14

lawyer representing the government

Question 15

Defence counsel

Answer 15

lawyer who defends the accused on trial

Question 16

Direct evidence

Answer 16

testimony given by a witness to prove an alleged fact, eg eyewitness testimony

Question 17

Direct examination

Answer 17

1st questioning of a witness to determine what they observed about the crime

Question 18

Directed verdict

Answer 18

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

Question 19

Duty counsel

Answer 19

a lawyer that gives free legal advice to persons arrested or brought before the court

Question 20

Evidence

Answer 20

information to prove or disprove the elements of an offence

Question 21

Federal Court of Canada

Answer 21

court that hears cases involving the federal government, trial and appeal divisions

Question 22

Hearsay evidence

Answer 22

evidence given by a witness based on information they received from someone else

Question 23

Hung jury

Answer 23

a jury that cannot reach a unanimous verdict, dismissed from the case

Question 24

Judge

Answer 24

court official appointed to try cases and sentence convicted persons

Question 25

Jury

Answer 25

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

Question 26

Jury panel

Answer 26

group of randomly selected citizens from which jury members are chosen

Question 27

Justice of the peace

Answer 27

court official who has less authority than a judge but can perform some judicial functions, such as issue warrants

Question 28

Leave

Answer 28

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

Question 29

Motion for dismissal

Answer 29

request by defence that the judge dismiss charges against the accused

Question 30

Peremptory challenge

Answer 30

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

Question 31

Perjury

Answer 31

knowingly lying in court while giving evidence under oath or affirmation

Question 32

Preliminary hearing

Answer 32

a hearing to determine whether there is sufficient evidence to put the accused to trial

Question 33

Provincial Court

Answer 33

lowest level of Canadian court

Question 34

Rebut

Answer 34

contradicting evidence presented by the opposing side

Question 35

Respondent

Answer 35

party that responds to an appeal

Question 36

Sheriff

Answer 36

court official responsible for jury management, also maintains security in BC

Question 37

Subpoena

Answer 37

court order requiring a witness to appear in court

Question 38

Superior Court of the Province

Answer 38

highest criminal and civil court, trial division and appeal division

Question 39

Supreme Court of Canada

Answer 39

highest appeals court in Canada, also deals with constitutional questions from federal government

Question 40

Surrebuttal

Answer 40

reply to the opposing side's rebuttal

Question 41

Voir dire

Answer 41

mini-trial where jurors are excluded while the admissibility of evidence is debated

Question 42

Wiretapping

Answer 42

interception of phone communication

Question 43

Witnesses

Answer 43

persons who give evidence under oath during a trial