LAW 5 TERMS

Question 1

Empaneling

Answer 1

the selection of jury ; 12 jurors

Question 2

Sequestered

Answer 2

a jury that is prevented from interacting with other nan-jurors and Kept together until a decision is reached.

Question 3

Premptory challenge

Answer 3

peremptatony challenge the challerging of the suitability of a juror for no reason

Question 4

Challenge for cause

Answer 4

the challenge for the suitability of a juror on the grounds of lack of qualifications, impartiality, or case knowledge.

Question 5

Adversary system

Answer 5

contested action, in which each party presents is case to the court

Question 6

Verdict

Answer 6

The formal decision made by a jury

Question 7

Arraignment

Answer 7

the reading of a charges to the accused

Question 8

Direct evidence

Answer 8

evidence given by a person who witnessed thevent, or which cannot bedisproved.

Question 9

Circumstantial evidence

Answer 9

Rv truscott

all evidence of an indirect nature

Question 10

Examination in chief

Answer 10

The first questioning of a witness

Question 11

Credibility

Answer 11

quality of having ones evidence belreved.

Question 12

Direct verdict

Answer 12

judges discretion to the jury, to find the accused not guilty be the crown has nt proven its case.

Question 13

Rebut and surrebuttal

Answer 13

rebut’-present evidence that disproves other parties evidence

present evidence that disproves adverse partes evidence rebuttal

Question 14

Subpoena

Answer 14

a document ordering the appearance of someone in court (usvally a withess)

Question 15

Contempt of court

Answer 15

any act that hinders or obstruct a court in Its administrationof justice, or lesson its dignity

Question 16

Affirmation

Answer 16

affirmation a solemn declaration byawitness that they will tell the truth.

Question 17

Perjury

Answer 17

the act of misleading by purposely giving false evidence in a justice proceeding

Question 18

Self incrimination

Answer 18

behaviour that indicates ones guit

Question 19

Dominant party

Answer 19

A party in a position of power over another

Question 20

Similar fact evidence

Answer 20

Evidence that the accused had previously committed a similar offence

Question 21

Hearsay evidence

Answer 21

Evidence not proceeding from the personal experience or knowledge of a witness

Question 22

Opinion evidence

Answer 22

Evidence of what a person thinks in regard to facts in dispute

Question 23

Polygraph

Answer 23

Person is asked questions while a lie detector measures changes in their blood and pulse to look for lies.

Question 24

Confession

Answer 24

An acknowledgement by the accused of the truth of all or part of the charge against them.

Question 25

Exculpatory and inculpatory

Answer 25

Denial of the truth is exculpatory

Inculpatory incriminated the person giving that statement

Question 26

Double jeopardy

Answer 26

A prohibition against being tried for the same offence twice

Question 27

Autrefois acquit and convict

Answer 27

Formally acquitted or convicted.

Question 28

Hung jury

Answer 28

A jury that can’t come to a unanimous decision in a criminal case.

Question 29

How to make an objection:

Answer 29

How to make an obiection:
• Make your objection before the witness has an opportunity to answer the question.

Stand up to get the court’s attention.
If the judge has not noticed that you are standing, you can try to get the judge’s attention by saying “Your Honour (or “My Lord” or “Justice”, depending on local practice), I have an objection”.

• Succinctly state the grounds for your objection. Direct your submission to the judge, not opposing counsel.

Sit down when you have finished stating the reason for your objection. The judge may give the opposing counsel a chance to respond before ruling.

Rise again if the judge gives you a chance to respond to examining counsel’s argument.

Get the ruling on the record. If the judge’s ruling is not clear, ask for clarification. This may be important on appeal.

Question 30

Types of objections?

Answer 30

Types of objections
Hearsay, testify about something they heard someone else say, not personal experience

Leading ask the witness a question that suggests an answer, can’t testisy freely

Foundations witness is asked to testify something they don’t have Knowledge or experience to speak of

irrelavence a question or testimony is not relevent to the case’s issues
§ speculation witness is asked tospeculate about surnething, rather than testify.
what they know
@ improper argument: lawger makes on argument, rather than asK aquestion
Compound question. witnessis asked multiple questions in a single sentence.
8 asked andanswened asked witness same questran over andover
G
calls for legalcondusion: lawyer asks a witness to answer a legalquestion or come to a legal condusion, rather than giving facts.
1 Foundation for expert testmany; witness quanfied as an expertis not property qualified to give atestimony in a particular area of expertise.
Vague: lawyer question is difficulttounderstand, comprehend, Or answer.
Winesses answer mignthurt vourcase.
non -responsie; examinglawyer uses when a witness is not directly answeringquestion