Malek Chapter 7

Question 1

Accused (or defendant)

Answer 1

person charged with committing a crime

Question 2

Appeal

Answer 2

an application to a higher court to review the decision made

Question 3

Arraignment

Answer 3

the first stage of a criminal trial where the clerk reads the charge and the defendant enters the plea

Question 4

Appellant

Answer 4

the person that files an appeal

Question 5

Beyond A reasonable Doubt

Answer 5

Standard of proof where the accused is innocent until proven guilty

Question 6

Burden of Proof

Answer 6

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

Question 7

Challenge for Cause

Answer 7

the right of crown or defence to exclude someone from the jury

Question 8

Character Evidence

Answer 8

evidence used to establish the likelihood that a person would or would not commit the crime

Question 9

Charge of Jury

Answer 9

The explanation given to the jury by the judge of how to handle a certain case with regards to the laws.

Question 10

Circumstantial Evidence

Answer 10

Indirect evidence that can still prove the defendants guiilt

Question 11

Count Clerk

Answer 11

someone who helps the judge

Question 12

Court of Appeal

Answer 12

a court that reviews cases that are being appealed

Question 13

Cross Examination

Answer 13

The second questioning of a witness to test the accuracy of the testimony and it is done by the opposing attorney

Question 14

Crown Attorney

Answer 14

The attorneys representing the government who are trying to prove that the accused is guilty

Question 15

Defence Councel

Answer 15

The lawyer that defends the accused

Question 16

Direct Examination

Answer 16

The first questioning of a witness testimony given by the witness to prove an alleged fact

Question 17

Directed Verdict

Answer 17

A decision made by the judge to stop the case to enter a verdict of not guilty

Question 18

Duty Counsel

Answer 18

A lawyer on duty at police station or in a courtroom

Question 19

Evidence

Answer 19

Information that proves or disproves elements of an offence

Question 20

Federal Court of Canada

Answer 20

A court that hears cases involving federal government

Question 21

Hearsay Evidence

Answer 21

evidence given by a witness from information from somebody else

Question 22

Hung Jury

Answer 22

The jury can’t come to a conclusion

Question 23

Jury

Answer 23

is 12 people that need to come to a decision regarding the accused’s fate unanimously

Question 24

Judge

Answer 24

the court official appointed to try cases and sentence convicted individuals

Question 25

Jury Panel

Answer 25

A large group of people from which the 12 jury members are chosen

Question 26

Justice of peace

Answer 26

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

Question 27

Leave

Answer 27

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

Question 28

Motion for Dismissal

Answer 28

The defence counsel asks the judge for the charge to be dismissed for the defendant

Question 29

Peremptory Challenge

Answer 29

When the crown or defence wish to exclude someone from a jury with no reason

Question 30

Perjury

Answer 30

Lying under oath or affirmation

Question 31

Preliminary Hearing

Answer 31

A hearing for the accused to decide whether there is enough evidence for the accused to go on trial

Question 32

Provincial Court

Answer 32

The lowest court of the Canada’s court system

Question 33

Rebut

Answer 33

To contradict evidence introduced by the opposing side

Question 34

Respondent

Answer 34

Party that responds to an appeal

Question 35

Sheriff

Answer 35

court official that is in charge of jury management

Question 36

Subpoena

Answer 36

a court order requiring the witness to come to court on a certain day and time

Question 37

Superior Court of the Province

Answer 37

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

Question 38

Supreme Court of Canada

Answer 38

Highest court of appeal and hears cases involving constitutional questions referred by the federal government

Question 39

Surrebuttal

Answer 39

a reply to a rebuttal from the opposing side

Question 40

Voir Dire-

Answer 40

A mini trial to determine whether evidence can be used

Question 41

Wiretapping

Answer 41

Electronic device used to listen phone conversations

Question 42

Witnesses

Answer 42

A person that comes to court and gives evidence while under oath