Chapter 7 Flashcards
Accused
Aka.. the defendant. The “guilty” person, and the one charged with committing a crime.
Appeal
When a superior court is requested to review a decision previously made by a court of lower power.
Appellant
The person or party that files an appeal.
Arraignment
In court, the period in which the court clerk reads the charges and the accused pleads either guilty or not guilty.
Beyond a Reasonable Doubt
A standard of proof held by the court that attorneys must prove that is acceptable by society to show the defendant is guilty with no doubt in their mind.
Burden of Proof
The responsibility of the crown to prove the guilt of the accused beyond a reasonable doubt.
Challenge for cause
The ability of the defence or crown attorneys to refuse someone from being on the jury for no reason.
Character Evidence
Background information used to demonstrate that the defendant is likely the type of person who would or would not commit a certain crime.
Charge to the jury
The speech given by a judge to the jury about how the law applies to the particular case.
Circumstantial evidence
Evidence used that is indirect that leads to a reasonable interference in the defendants guilt.
Court Clerk
The official in court who assists the judge in administrating oaths and preforming other duties.
Court of Appeal
The court that reviews the decisions made by lower courts.
Cross Examination
The second round of questioning a witness, preformed by the opposite attorney team.
Crown Attorney
AKA the prosecutor. The lawyer representing the government.
Defence council
The lawyer representing the defendant.
Direct evidence
A testimony provided by a witness to prove an alleged fact.
Direct examination
The examination done by the side that called the witness to the stand to support their case.
Directed verdict
When a judge decides to remove the jury and enter a verdict of not guilty.
Duty council
A lawyer available to someone that has been arrested to provide free legal advice to someone that cannot afford a lawyer.
Evidence
Information provided generally by witnesses that helps to prove or disprove a case.
Federal court of Canada
The court that deals with cases involving the government. Two levels, trial and appeal divisions.
Hearsay evidence
Information from a third party. Given generally by witnesses in direct and cross examinations.
