Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Law 12 vocabulary chapter 7 > Flashcards

Law 12 vocabulary chapter 7 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

accused (defendant)

A

in criminal court, the person charged with committing a criminal offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

appeal

A

an application to a higher court to review the decision made by a lower court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

appelant

A

the party that files an appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

arraignment

A

the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea (guilty or not guilty)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

bailiff

A

the court official who assists the sheriff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

beyond a reasonable doubt

A

a standard of proof whereby a defendants 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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

bugging

A

recording a speakers oral communication by using an electronic device

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

burden of proof

A

the crowns obligation to prove the guilt of the accused beyond a reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

challenge for cause

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

character evidence

A

evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence (he has killed someone before, so maybe he has killed this time again)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

charge to the jury

A

the judges explanation to the jurors of how the law applies to the case before them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

circumstantial evidence

A

indirect evidence that leads to a reasonable inference of the defendants guilt (no one saw the guy assault the girl and take her purse, but in a trash can nearby they find the purse with the guys fingerprints on it)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

court clerk

A

the court official who assists the judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

court of appeal

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

court reporter

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

court security officer

A

the court official who maintains security in the courtroom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

cross-examination

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

crown attorney (or prosecutor)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

defence counsel

A

the lawyer who defends an accused person on trail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

direct evidence

A

testimony given by a witness to prove an alleged fact

21
Q

direct examination

A

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

22
Q

directed verdict

A

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

23
Q

duty counsel

A

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

24
Q

electronic surveillance

A

the use of any electronic device to overhear or record communications between 2 or more people

25
Q

evidence

A

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

26
Q

Federal Court of Canada

A

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

27
Q

hearsay evidence

A

evidence given by a witness based on information reviewed from someone else rather than personal knowledge (e.g. if someone told a witness something and they said that on the stand)

28
Q

hung jury

A

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

29
Q

judge

A

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

30
Q

jury

A

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

31
Q

jury panel

A

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

32
Q

justice of the peace

A

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

33
Q

leave

A

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

34
Q

motion for dismissal

A

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

35
Q

peremptory challenge

A

the right of the crown or defence to exclude someone from a jury without providing a reason how many they get: (serious =20) (less serious=12) (less serious=4)

36
Q

perjury

A

knowingly making false statements in court while under oath or affirmation (on the stand)

37
Q

preliminary hearing

A

a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

38
Q

Provincial Court

A

the lowest level in the hierarchy of Canadian courts

39
Q

rebut

A

to contradict evidence introduced by the opposing side

40
Q

respondent

A

the party that responds to an appeal

41
Q

sheriff

A

the court official responsible for jury management

42
Q

subpoena

A

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

43
Q

Superior Court of the province

A

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

44
Q

Supreme Court of Canada

A

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

45
Q

surrebuttal

A

a reply to the opposing sides rebuttal

46
Q

transcript

A

a typed record of everything said in the court during trail

47
Q

voir dire

A

a mini-trial in which jurors are excluded while the admissibility of evidence is discussed (between judge crown and defence)

48
Q

wiretapping

A

the interception of telephone communications

49
Q

witnesses

A

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

Law (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions