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Criminal Procedures > Terminology Test > Flashcards

Terminology Test Flashcards

1
Q

Tunnel Vision

A

Unconscious filtering; Participants in the system, such as police or prosecutors, to focus on a particular theory of a case and to dismiss or undervalue evidence which contradicts that theory

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2
Q

Precedent

A

Stare decisis; Judge made law - lower courts are to follow the authority (cases) of higher courts

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3
Q

Intra Vires

A

Functioning within legislative power

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4
Q

Stare Decisis

A

Ruling to be followed; A precedent or decision of one court binds a lower court

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5
Q

Inchoate Offence

A

An attempt to commit an offence; A preliminary crime.

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6
Q

Mens Rea

A

Guilty mind

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7
Q

Onus

A

Burden of Proof

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8
Q

Actus Reus

A

Guilty Act

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9
Q

Inducements

A

Inducing an accused to make a statement or admission; persuasion

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10
Q

Bench Warrant

A

Warrant for arrest issued by a judiciary for an accused to be arrested and brought to court

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11
Q

Plain View Doctrine

A

Allows an officer to seize evidence and contraband that are found in plain view during a lawful observation.

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12
Q

Information to obtain

A

A document filed by a police officer to a Judge seeking authorization to obtain a search warrant

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13
Q

Tertiary Grounds

A

Tertiary grounds refers to any other “just cause” being shown, where detention is necessary in order to maintain confidence in the administration of justice.

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14
Q

Habeas Corpus

A

A fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. if granted would compel a prison official to “produce the body” and justify authority for why a person is being detained.

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15
Q

Primary Grounds

A

Whether detention is necessary to ensure the accused’s attendance in court.

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16
Q

Surety

A

A person who comes to court and promises to supervise an accused person while they are out on bail. A surety also promises an amount of money to the court if the accused doesn’t follow one or more of the bail conditions or doesn’t show up to court when required.

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17
Q

Competence

A

The ability to advocate for a client and having knowledge or taking steps to gain the knowledge to defend a case; Suitability & fitness

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18
Q

Subpoena

A

A document that compels an individual to attend court to provide testimony relating to a court case; given under a threat or a penalty.

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19
Q

Compellability

A

A person being subject to testify in proceedings under legal compulsion.

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20
Q

Spousal Privilege

A

Protects communications privately disclosed between a husband and wife. Either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.

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21
Q

Viva Voce

A

Oral evidence.

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22
Q

“WIll Say” statement

A

A statement summarizing what a witness “will say” at a court hearing.

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23
Q

Charge Screening Form

A

A document that outlines the crowns position and election by way of how they will proceed w/ the charge(s).

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24
Q

Inculpatory

A

Incriminating evidence against the accused.

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25
Q

Exculpatory

A

Evidence that will support an exoneration of the charges against the accused.

26
Q

Dismissal

A

A dismissal of the charges in any given matter ie and acquittal.

27
Q

Remedy

A

Prevents redress or compensates a violation of a right.

28
Q

Quash

A

Discharging or setting aside a remedy.

29
Q

Joinder

A

Coupling of matters

30
Q

Direct Intent

A

An accused seeks a particular outcome when committing a crime and proceeds to commit the crime to achieve the outcome.

31
Q

Reverse Onus

A

The burden of proof is on the other party to disprove why an element should not be the case.

32
Q

Derivative Evidence

A

Facts and evidence who’s existence is discovered through a statement of the police.

33
Q

Territorial Privacy

A

Setting limits to your personal space.

34
Q

Show Causing Hearing

A

A bail hearing where the accused must show cause as to why they should be released.

35
Q

Undertaking

A

A document that promises to adhere to certain conditions; an assurance.

36
Q

Duress

A

To make a decision or do an action based under pressure from another person; a threat of death or serious bodily injury.

37
Q

Automatism

A

Mental condition defences that relate to the mental state of the accused. Automatism can be seen variously as lack of voluntariness, lack of culpability or excuse.

38
Q

Autrefois

A

Formerly or at another time. An accused plea stating that he or she has already been tried for and convicted of the same offense.

39
Q

Kienapple Principle

A

The rule against multiple convictions; Prevents multiple convictions for a single criminal act.

40
Q

Rebuttal

A

A form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party.

41
Q

De Minimis Non Curet Lex

A

A legal doctrine by which a court refuses to consider trifling matter

42
Q

Agreed statement of facts

A

Agreed statement of facts is a statement of facts that has been agreed to by all parties in a lawsuit to be true. The agreed statement of facts is written and then submitted to the court.

43
Q

Intermittent sentence

A

A jail sentence that the offender serves in ”chunks” of time, instead of all at once.

44
Q

Reparations

A

The making of amends for a wrong one has done, by paying money to or otherwise helping those who have been wronged.

45
Q

Suspended Sentence

A

Involves following conditions in a probation order for a period of one to three years.

46
Q

Restitution

A

A court orders the defendant/accused to pay an amount to the victim or complainant.

47
Q

Pre-sentence Report

A

A document that presents the findings an investigation into the “legal and social background” of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence.

48
Q

Denunciation

A

The offender’s conduct should be punished for encroaching on our society’s basic code of values as enshrined within our substantive criminal law.

49
Q

Quid Pro Quo

A

Exchange of goods or services; “You scratch my back and I’ll scratch yours.”

50
Q

Concurrent Sentence

A

The offender’s sentences are merged, so they will serve more than one sentence at the same time.

51
Q

Besetting

A

Conduct by someone that causes another person to feel hemmed in or a person to feel surrounded, for a person to feel attacked on all sides.

52
Q

Conveyance

A

The action or process of transporting someone or something from one place to another.

53
Q

Recidivism

A

The tendency of a convicted criminal to reoffend.

54
Q

Color of Right

A

An accused’s permission to the usage or conversion of an asset in the possession of another.

55
Q

Sentencing Circle

A

An alternative to a sentencing hearing. It is a community-based process where community members try to agree on an appropriate sentence that everyone is satisfied with. The sentencing circle includes the accused, an elder, judge, Crown, and lawyer.

56
Q

Ultra Vires

A

Outside of legislative power; Acts beyond the scope of the powers and purposes provided to it by its statute.

57
Q

Inherent Jurisdiction

A

A doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it.

58
Q

Exigent Circumstances

A

Where there is imminent danger and immediate action is required to prevent the loss, removal, destruction or disappearance of evidence.

59
Q

Diversion Program

A

Pretrial diversion program or pretrial intervention program as an option for upfront work to divert the accused of having a criminal record.

60
Q

Gardiner Hearing

A

A hearing of oral evidence that is conducted at sentencing where there is a dispute between the parties as to the facts on a guilty plea.

Criminal Procedures (3 decks)

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