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Law 12 > Chapter 8: Trial Procedures > Flashcards

Chapter 8: Trial Procedures Flashcards

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1
Q

adversarial system

A

an approach based on two opposing sides, in which each side presents its case in court

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2
Q

testimony

A

a declaration (ex. by a witness) under oath; a sworn statement

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3
Q

court clerk

A

person who keeps records, files, and processes docs for court

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4
Q

court recorder

A

person whose job it is to document/record all spoken evidence, comments, questions in the court proceedings

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5
Q

stay of proceedings

A

court order to stop the trial proceedings until a certain condition is met

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6
Q

immune

A

exempt, completely protected

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7
Q

empanelling

A

the selection of a jury

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8
Q

challenge for cause

A

formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality

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9
Q

peremptory challenge

A

formal objection to a potential juror for which no specific reason is given

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10
Q

sequester

A

keep jury together and away from non-jurors until it reaches a verdict

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11
Q

verdict

A

final, formal decision of a trial

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12
Q

arraignment

A

1st stage in criminal trial, court clerk reads charge to the accused and a plea is entered

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13
Q

direct evidence

A

information (evidence) given by person who witnessed the event in question (ex. testimony by bystander who say assault take place)

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14
Q

circumstantial evidence

A

information (evidence) that relates only indirectly to the alleged offence

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15
Q

examination-in-chief

A

the first questioning of a witness during court proceedings

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16
Q

leading question

A

questions prompt witness to give answers wanted

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17
Q

directed verdict

A

judge’s direction to the jury, after Crown presents its evidence, to find the accused person not guilty b/c the Crown has not proven its case

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18
Q

surrebuttal

A

evidence presented in court to counteract or disprove evidence in the other party’s rebuttal

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19
Q

subpoena

A

court doc ordering a person to appear in court for a specific purpose (ex. as a witness)

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20
Q

contempt of court

A

act that is calculated to embarrass, hinder, or obstruct court in its administration of justice, or lessen its dignity

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21
Q

affirmation

A

witness’s solemn agreement to tell the truth

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22
Q

oath

A

solemn promise or statement that something is true

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23
Q

perjury

A

act of knowingly giving false evidence in a judicial proceeding with intent to mislead

24
Q

adverse witness

A

person who is contrary or hostile giving testimony under oath in a court

25
Q

voir dire

A

trial within a trial to decide if certain evidence is admissible

26
Q

self-incrimination

A

act of implicating oneself in a crime; behaviour indicating one’s guilt

27
Q

privileged communications

A

confidential communications that one can’t be required to present in court as evidence (ex. doctor, patient; priest, confessor)

28
Q

minors

A

people under age of majority (ex. 18)

29
Q

dominant party

A

party in a position of power over another (ex. doctor and patient)

30
Q

similar fact evidence

A

info (evidence) that shows that the accused has previously committed a similar offence

31
Q

hearsay evidence

A

info (evidence) not coming from direct, personal experience or knowledge of witness

32
Q

opinion evidence

A

based on thoughts of the witness, usually an expert in his or her field (ex. coroner commenting on cause of death)

33
Q

inculpatory

A

admitting to sth, incriminating; as in inculpatory statement

34
Q

exculpatory

A

denying sth, clearing of guilt

35
Q

confession

A

statement by the accused in which he or she admits to the crime or acknowledges that some or all of the charge laid is true

36
Q

summation

A

for each side in a trial, the formal conclusion, which recapitulates (sums up) key arguments and evidence

37
Q

charge to the jury

A

after the summations in a trial, a judge’s instructions to the jury (ex. review of the facts, points of law)

38
Q

hung jury

A

jury that cannot come to a unanimous decision in a criminal case

39
Q

credibility

A

the fact or quality of being believable or reliable

40
Q

legal duty

A

allow certain people to commit acts that would otherwise be offences
(ex. police officer drives over speed limit while chasing suspect)

41
Q

necessity

A

person commits criminal acts to prevent a greater harm

ex. break into house to stop fire from killing infant

42
Q

automatism

A

State of a person who is unconscious of what they are doing while capable of action, involuntary behaviour.
May be caused by psychological stress.
(ex. sleepwalking, convulsions)

43
Q

NCRMD

A

not criminally responsible due to mental disorder

44
Q

alibi

A

places the accused somewhere else at the time the offence occurred

45
Q

self-defence

A

protect yourself, property, people under your protection using force that is reasonable and necessary

46
Q

consent

A

Defence only permitted if accused could and did consent to the action before injury inflicted.
Never used in cases involving firearms, murder, sexual crimes, against people under 14.

47
Q

entrapment

A

police action/abuse that encourages/aids a person to commit an offence
*not recognized as offence, but as abuse by police

48
Q

provocation

A

Words/actions that are insulting enough to cause an ordinary person lose self-control.
Must prove:
- wrongful actions/words were used
- words/actions enough to make other person lose control
- person responded suddenly
- person reacted before there was time to cool down

49
Q

duress

A

threat or use of violence to force a person to do something against their will, illegal coercion
*used as a defence if it was an urgent situation of clear/imminent peril when following the law is demonstrably impossible

50
Q

double jeopardy

A

being tried twice for the same offence after being acquitted or to get a higher sentence (it is prohibited)
*new + compelling evidence needed to be retried

51
Q

mental fitness to stand trial

A

review board determines if accused is fit to stand trial, may be remanded up to 60 days to re-evaluate fitness to stand trial, can get treatment, inquiry held every 2 yrs until accused is tried
*may or may not be mentally fit at time of the offence too which could result in lack of mental fitness to stand trial

52
Q

mental fitness at time of the offence

A
  • “disease of mind” when the offence occurred
  • there is presumption of sanity so insanity must be proven by Crown (incl actus reus and mens rea) before introducing evidence of mental disorder
  • if not guilty, court holds hearing regarding what to do or review board decides
53
Q

intoxication

A

cannot form intent b/c under influence of alcohol/drugs
needs actus reus and mens rea to be proven
(ex. kills someone while drunk so manslaughter instead of first degree murder b/c general intent instead of specific intent)

54
Q

honest mistake

A
  • offender truthfully didn’t know they were committing a crime
  • onus on Crown to prove crime proven intentionally
  • accused’s credibility largely determines if defence succeeds
    (ex. found in possession of unpaid items while planning to leave establishment)
55
Q

mistake of fact

A
  • committing criminal act w/o knowing all facts that would make the act criminal
  • 2 conditions: genuine mistake not result of accused neglecting to find out facts, law accepts ignorance of the facts as a defence
    (ex. buy sth and get counterfeit money w/o knowing, use the bill again and get arrested)

Law 12 (11 decks)

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