Criminal Law Chapter 7

Question 1

Accused/ defendant

Answer 1

in criminal court, the person charged with committing a criminal 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

the party that files an appeal

Question 4

arraignment

Answer 4

the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea

Question 5

beyond a reasonable doubt

Answer 5

a standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence

Question 6

burden of proof

Answer 6

the crown’s obligation to prove the guilt of the accused beyond a reasonable doubt

Question 7

challenge for cause

Answer 7

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

Question 8

character evidence

Answer 8

evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence

Question 9

charge to the jury

Answer 9

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

Question 10

circumstantial evidence

Answer 10

indirect evidence that leads to a reasonable interference of the defendant’s guilt

Question 11

court clerk

Answer 11

the court official who assists the judge

Question 12

court of appeal

Answer 12

a court with the authority to review decisions made by lower courts

Question 13

cross examination

Answer 13

the second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney

Question 14

crown attorney/ prosecutor

Answer 14

the lawyer representing the government, responsible for instituting legal proceedings against the accused

Question 15

defence counsel

Answer 15

the lawyer who defends an accused person on trial

Question 16

direct evidence

Answer 16

testimony given by a witness to prove an alleged fact

Question 17

direct examination

Answer 17

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

Question 18

directed verdict

Answer 18

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

Question 19

duty counsel

Answer 19

a lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court

Question 20

evidence

Answer 20

information that tends to prove or disprove the elements of an offence

Question 21

Federal Court of Canada

Answer 21

a court that hears cases involving the federal government; consists of a trial and an appeal division

Question 22

Hearsay Evidence

Answer 22

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

Question 23

Hung Jury

Answer 23

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

Question 24

Judge

Answer 24

the court official appointed to try cases in a court of law and to sentence convicted persons

Question 25

Jury

Answer 25

in a criminal trial, a group of 12 people who decide whether or not the defendant is guilty or not guilty

Question 26

Jury Panel

Answer 26

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

Question 27

Justice of the peace

Answer 27

a court official who has less authority than a judge but can issue warrants and perform other judicial functions

Question 28

Leave

Answer 28

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

Question 29

Motion for Dismissal

Answer 29

a request by defence counsel that the judge dismiss the charges against the defendant

Question 30

Peremptory Chalenge

Answer 30

the right of the Crown or the defence to exclude someone from a jury without providing 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 to determine whether there is sufficient evidence to put the accused person to trial

Question 33

Provincial Court

Answer 33

the lowest level in the hierarchy of Canadian court. Cases are tried by a judge alone, not a jury.

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

Question 38

Superior Court of the Province

Answer 38

the highest criminal and civil court, consisting of a trial division and an appeal division

Question 39

Supreme Court of Canada

Answer 39

the highest appeals court in Canada; also deals with constitutional questions referred to it by the federal government

Question 40

surrebutal

Answer 40

a reply to the opposing side’s rebuttal

Question 41

Voir Dire

Answer 41

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

Question 42

wiretapping

Answer 42

the interception of telephone communications

Question 43

witnesses

Answer 43

persons who give evidence while under oath in a court of law

Question 44

court reporter

Answer 44

the court official who records everything said in court during a trial

Question 45

transcript

Answer 45

a typed record of everything said in court during a trial

Question 46

court security officer

Answer 46

the court official who maintains security in the courtroom

Question 47

bailiff

Answer 47

the court official who assists the sheriff