Chapter 9 Vocabulary

Question 1

Accused

Answer 1

The person who has been accused of committing the crime.

Question 2

Appeal

Answer 2

If you believe that the judge has made an error in the law or the application of it, or with his charging of the jurors, during a case that you were involved with, you may appeal that a mistake was made and ask that it be looked into and judged before a court of appeal. Despite what many people think, it is not a retrying of the case; only an investigation in search of errors.

Question 3

Appellant

Answer 3

The party that files an appeal.

Question 4

Arraignment

Answer 4

The first part of a criminal trial, where the accused either pleas guilty or not guilty of the crime.

Question 5

Beyond a Reasonable Doubt

Answer 5

Refers to the standard of certainty required to convict someone of a crime. It is not enough to show that someone probably or most likely committed a crime; it must be shown beyond any reasonable amount of doubt that someone did commit the crime, or they should not be convicted.

Question 6

Burden of Proof

Answer 6

Refers to the fact that it is the job of the crown to prove beyond a reasonable doubt that an accused person did commit a crime; there is no burden for the accused to prove themself innocent. Therefore, the burden of proof is on the crown.

Question 7

Challenge for Cause

Answer 7

The right for either the crown or the defence to exclude someone from the jury for a particular reason.

Question 8

Character Evidence

Answer 8

Evidence that is used either to establish that the accused is a good person or a bad one. In a criminal trial, the crown may not bring character evidence against the accused unless there is an attempt by the defence to do so first.

Question 9

Charge to the Jury

Answer 9

The part of the criminal trial where, after the evidence has been presented and the attorneys have delivered their closing statements, where the judge explains to the jury the law and how it applies in this particular case. The judge explains what verdict they should come to, depending on what they believe happened based upon the evidence.

Question 10

Circumstantial Evidence

Answer 10

Indirect evidence that supports an inference of the accused’s guilt.

Question 11

Court Clerk

Answer 11

The court official who assists the judge in the courtroom.

Question 12

Court of Appeal

Answer 12

The court where, if an appeal is accepted, it is tried and investigated.

Question 13

Cross Examination

Answer 13

The part of a trial where, after either crown or defence brings forth a witness and questions them, the other is allowed to question them further.

Question 14

Crown Attorney

Answer 14

An attorney who’s job it is to represent The Crown in a court case, and bring forth and present the evidence for The Crown’s case against the accused.

Question 15

Defence Counsel

Answer 15

The attorney or team of attorneys who represent the defendant in a trial. Their job is to poke holes in The Crown’s evidence, and to bring forth and present their own evidence in favour of the defendant’s innocence, if they so choose.

Question 16

Direct Evidence

Answer 16

Testimony given by a witness that is used to prove a fact.

Question 17

Direct Examination

Answer 17

The part of a trial where either The Crown or the defence brings forth a witness and questions them.

Question 18

Directed Verdict

Answer 18

The decision of a judge to withdraw a case from a jury and put forth a decision of not guilty.

Question 19

Duty Counsel

Answer 19

A lawyer who is on duty in a courtroom or a police station, whose job is to provide free legal advice to people who have just been arrested or brought before the court.

Question 20

Evidence

Answer 20

Objects, witness testimony, recordings, or anything else that can be used to prove or disprove facts in a trial.

Question 21

Federal Court of Canada

Answer 21

A court with jurisdiction to hear civil or criminal cases referred by federal boards, commissions, or tribunals, and to rule on constitutional issues referred to by the Attorney General.

Question 22

Hearsay Evidence

Answer 22

Evidence given by a witness that is something they learned from another. E.g. “He said that he saw the accused commit the crime.”

Question 23

Hung Jury

Answer 23

A jury that cannot come to a unanimous verdict. If this persists, it leads to the court having to either pick a new jury or throw the case.

Question 24

Judge

Answer 24

The court official who directs the trial. They either determine the verdict, or instructs the jury on how the law applies. They are the most important court official.

Question 25

Jury

Answer 25

In a case before the Supreme Court, a defendant can choose trial by jury. This means that a group of citizens must come to a unanimous verdict, instead of leaving the decision to the judge.

Question 26

Jury Panel

Answer 26

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

Question 27

Justice of the Peace

Answer 27

A court official who has less authority than the judge, but can issue warrants and perform a few other important functions.

Question 28

Leave

Answer 28

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

Question 29

Motion for Dismissal

Answer 29

In a criminal case, if The Crown fails to do something that is very important in their opening statements and/or direct examination, such as identify the accused, or if the defence believes there to have been a major procedural error committed by someone investigating the crime, they may request that the case be dismissed for this reason, and the judge will throw out the case.

Question 30

Peremptory Challenge

Answer 30

The right of The Crown or the defence to exclude someone from the jury without giving a reason.

Question 31

Perjury

Answer 31

Knowingly making false statements in court while giving evidence under oath or affirmation.

Question 32

Preliminary Hearing

Answer 32

A judicial inquiry into whether or not there is enough evidence of a crime that they should proceed with prosecution of the accused.

Question 33

Provincial Court

Answer 33

The lowest level of courts in Canada. Provincial courts deal with civil disputes under $25 000, as well as 90% of all criminal cases.

Question 34

Rebut

Answer 34

To contradict evidence introduced by the opposing side.

Question 35

Respondent

Answer 35

The party that responds to an appeal.

Question 36

Sheriff

Answer 36

The court official responsible for jury management.

Question 37

Subpoena

Answer 37

A court order ordering a witness to appear in court on a certain day to give evidence.

Question 38

Superior Court of the Province

Answer 38

The highest criminal and civil court, consisting of two divisions: trial division and appeal division.

Question 39

Supreme Court of Canada

Answer 39

The highest appeals court in Canada. It also considers and rules on constitutional questions referred to it by the federal government.

Question 40

Surrebuttal

Answer 40

A reply to the opposing party’s rebuttal.

Question 41

Voire Dire

Answer 41

A mini-trial where jurors are sent out so that the prosecutors or defence may discuss the admissibility of a certain piece of evidence.

Question 42

Wiretapping

Answer 42

The interception of telephone communications.

Question 43

Witnesses

Answer 43

People who give evidence in court, either under oath or by affirmation.