Chapter 7 - The Criminal Court System

Question 1

Provincial Court

Answer 1

The lowest level in the hierarchy of Canadian courts.

Question 2

Preliminary Hearing

Answer 2

A judicial inquiry to determine whether or not there is sufficient evidence to proceed to trial.

Question 3

Appeal

Answer 3

An application to a higher court to review the decision made by a lower court.

Question 4

Superior Court of the Province

Answer 4

The highest criminal and civil court with a trial division and an appeal division.

Question 5

Court of Appeal

Answer 5

A court with the authority to review decisions made by lower courts.

Question 6

Federal Court of Canada

Answer 6

A court that hears cases involving the federal government with a trial division and an appeal division.

Question 7

Supreme Court of Canada

Answer 7

The highest appeals court in Canada. In addition, it deals with constitutional questions referred to it by the federal government.

Question 8

Leave

Answer 8

Permission to appeal a case from a lower court to a higher court.

Question 9

Beyond a Reasonable Doubt

Answer 9

A defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the accused is guilty.

Question 10

Judge

Answer 10

The court official appointed to try cases in court and to sentence convicts.

Question 11

Justice of the Peace

Answer 11

The court official who has less authority than a judge but can issue warrants and perform other judicial functions.
i.e. marriage

Question 12

Accused (defendant)

Answer 12

In criminal court, the person charged with committing a criminal offence.

Question 13

Duty Counsel

Answer 13

An on-call lawyer in a courtroom or police station who gives free legal advice to people who are arrested or brought before the court.

Question 14

Defence Counsel

Answer 14

The lawyer who defends the accused in a trial.

Question 15

Crown Attorney (Prosecutor)

Answer 15

The lawyer representing the government in a trial. Responsible for instituting legal proceedings against the accused.

Question 16

Evidence

Answer 16

Information that tends to prove or disprove the elements of an offence.

Question 17

Court Clerk

Answer 17

The court official who assists the judge.

Question 18

Transcript

Answer 18

A typed record of everything said in court during a trial.

Question 19

Sheriff

Answer 19

The court official responsible for jury management.

Question 20

Witness

Answer 20

A person who gives evidence while under oath in a court of law.

Question 21

Subpoena

Answer 21

A court order requiring the witness to appear in court on a certain date to give evidence.

Question 22

Perjury

Answer 22

Consciously making false statements in court while given evidence under oath.

Question 23

Jury

Answer 23

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

Question 24

Jury Panel

Answer 24

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

Question 25

Arraignment

Answer 25

The first stage of a criminal trial. The court clerk reads the charge and the defendant enters a plea.

Question 26

Challenge for Cause

Answer 26

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

Question 27

Peremptory Challenge

Answer 27

The right of the Crown or defence to exclude someone from a jury for no particular reason.

Question 28

Burden of Proof

Answer 28

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

Question 29

Direct Examination

Answer 29

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

Question 30

Cross-Examination

Answer 30

The second questioning of a witness by the opposing attorney to test the accuracy of the testimony.

Question 31

Motion for Dismissal

Answer 31

A request by defence counsel that the judge dismiss the charges against the defendant.

Question 32

Directed Verdict

Answer 32

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

Question 33

Rebut

Answer 33

To contradict evidence introduced by the opposing side.

Question 34

Surrebuttal

Answer 34

A reply to the opposing side’s rebuttal.

Question 35

Hearsay Evidence

Answer 35

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

Question 36

Direct Evidence

Answer 36

Testimony given by a witness to prove an alleged fact.

Question 37

Circumstantial Evidence

Answer 37

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

Question 38

Character Evidence

Answer 38

Evidence used to prove the likelihood that the defendant is the type of person who either would or would not commit a certain offence.

Question 39

Wiretapping

Answer 39

The interception of telephone communications.

Question 40

Voir Dire

Answer 40

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

Question 41

Charge to the Jury

Answer 41

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

Question 42

Appellant

Answer 42

The party that files an appeal.

Question 43

Respondent

Answer 43

The party that responds to an appeal.

Question 44

Hung Jury

Answer 44

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