Law 12 vocabulary 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

appelant

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 (guilty or not guilty)

Question 5

bailiff

Answer 5

the court official who assists the sheriff

Question 6

beyond a reasonable doubt

Answer 6

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

Question 7

bugging

Answer 7

recording a speakers oral communication by using an electronic device

Question 8

burden of proof

Answer 8

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

Question 9

challenge for cause

Answer 9

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

Question 10

character evidence

Answer 10

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)

Question 11

charge to the jury

Answer 11

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

Question 12

circumstantial evidence

Answer 12

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)

Question 13

court clerk

Answer 13

the court official who assists the judge

Question 14

court of appeal

Answer 14

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

Question 15

court reporter

Answer 15

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

Question 16

court security officer

Answer 16

the court official who maintains security in the courtroom

Question 17

cross-examination

Answer 17

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

Question 18

crown attorney (or prosecutor)

Answer 18

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

Question 19

defence counsel

Answer 19

the lawyer who defends an accused person on trail

Question 20

direct evidence

Answer 20

testimony given by a witness to prove an alleged fact

Question 21

direct examination

Answer 21

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

Question 22

directed verdict

Answer 22

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

Question 23

duty counsel

Answer 23

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 24

electronic surveillance

Answer 24

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

Question 25

evidence

Answer 25

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

Question 26

Federal Court of Canada

Answer 26

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

Question 27

hearsay evidence

Answer 27

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)

Question 28

hung jury

Answer 28

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

Question 29

judge

Answer 29

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

Question 30

jury

Answer 30

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

Question 31

jury panel

Answer 31

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

Question 32

justice of the peace

Answer 32

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

Question 33

leave

Answer 33

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

Question 34

motion for dismissal

Answer 34

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

Question 35

peremptory challenge

Answer 35

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)

Question 36

perjury

Answer 36

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

Question 37

preliminary hearing

Answer 37

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

Question 38

Provincial Court

Answer 38

the lowest level in the hierarchy of Canadian courts

Question 39

rebut

Answer 39

to contradict evidence introduced by the opposing side

Question 40

respondent

Answer 40

the party that responds to an appeal

Question 41

sheriff

Answer 41

the court official responsible for jury management

Question 42

subpoena

Answer 42

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

Question 43

Superior Court of the province

Answer 43

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

Question 44

Supreme Court of Canada

Answer 44

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

Question 45

surrebuttal

Answer 45

a reply to the opposing sides rebuttal

Question 46

transcript

Answer 46

a typed record of everything said in the court during trail

Question 47

voir dire

Answer 47

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

Question 48

wiretapping

Answer 48

the interception of telephone communications

Question 49

witnesses

Answer 49

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