Law Flashcards

1
Q

Who can represent the accused in court

A

Defense counsel

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2
Q

What decision will the jury make

A

If the accused is guilty of not

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3
Q

What happens if a prospective junor does not appear for jury selection

A

They can issued a warrant and can even be criminally charged

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4
Q

What happens during the examination in chief

A

The prosutor will call the witness to the stand

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5
Q

To win the case, what must the accused prove

A

That they are innocent

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6
Q

What happens to the witness who doesn’t appear in court

A

Can be served an arrest warrant, and or imprisonment for 90days

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7
Q

What role does the accused in court case

A

They have to appear in court

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8
Q

What do the justice of the peace do in the courts

A

Have less power than regular. They preside over the court first appearance, where the charge against the accused is first read.

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9
Q

In a court case, who is less likely to be influenced by emotion and drama

A

The judge

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10
Q

Who can you reject or accept prospective jurors

A

The crown and the defence

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11
Q

How reliable are eye witness account

A

They are not always reliable

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12
Q

What could happen to a witness who doesn’t provide evidence in court

A

They can be removed

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13
Q

What could happen to a witness who doesn’t provide evidence in court

A

They can be removed

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14
Q

What is voir dire

A

A type of mini trial held within an actual trial to decide if certain evidence is admissible

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15
Q

What happens if the jury cannot reach a dicision

A

The accused is tried infront of a new jury

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16
Q

What are the responsibilities of the court clerk

A

Yo keep the files, records and processes documents for a court

17
Q

What are the responsibilities of the court recorder

A

To document the court proceedings

18
Q

What is sequestering

A

Yo keep the jury together and isolated until the reach of a verdict

19
Q

What is direct evidence

A

Information given by an eyewitness about the event in question

20
Q

What is an oath

A

A promise or statement that something is true

21
Q

What is an affirmation

A

When someone promises to the tell in truth in court

22
Q

What is similar fact evidence

A

Evidence that show the accused has committed similar crimes in the past

23
Q

What is the charge to the jury

A

The judges instructions to the jury at the end of the trial

24
Q

What occurs during the summation

A

The defence and crown summarize all key arguments and evidence to the court

25
Define arraignment
The first stage in a criminal trial (where the court clerks read the charge to the accused and more to write
26
Define stay of proceedings
A court order stop the trial proceeding until certain condition is met
27
Define inculpatory
Demonstrating guilt
28
What is empanelling
The selection of a jury
29
Define testimony
When a person tells what they know about a case in court
30
Define exculpatory
Clearing the defendant of guilt
31
What is challenge for cause
A formal objection to a prospective juror for specific reasons
32
How is our court system described
Addversial system (two side)
33
Define duress
Forcing someone to do something by threatening physical harm
34
What is opinion evidence
Information based on the thoughts of the witness
35
Distinguish between direct and circumstantial evidence
Direct evidence is Information given by an eyewitness about the event in question, circumstances is inderect evidence not based on personal knowledge
36
Which type of evidence would a prosecutor prefer to rely on
Physical/ direct evidence
37
Define self incriminating
The act of implicating oneself in a crime
38
Who can be an he protected from self incrimination during a trial
Witnesses who are giving evidence in ciurt