Unit 3 - Criminal Trial Terms (Part I) Flashcards

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1
Q

[Finish the statement] In a criminal trial, the burden of proof is on the crown to prove guilt of the accused….

A

beyond a reasonable doubt

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2
Q

Information (evidence) given by a person who witnessed the event in question is known as

A

Direct Evidence

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3
Q

Information (evidence) that relates only indirectly to the alleged offence is known as

A

Circumstantial Evidence

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4
Q

Lawyers from both sides prior to a trial are allowed to dismiss witnesses using this term.

A

A peremptory challenge

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5
Q

In order to be part of jury duty, three elements must exist, what are they?

A
  1. Be 18 years old
  2. Be a Canadian Citizen
  3. Be on the voters list
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6
Q

Information (evidence) that shows that the accused has previously committed a similar offence is known as

A

Similar Fact Evidence

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7
Q

Information not coming from the direct, personal experience or knowledge of the witness is known as

A

Hearsay Evidence

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8
Q

Evidence based on the thoughts of the witness is known as

A

Opinion Evidence

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9
Q

Evidence of the person’s character traits can be prejudicial and is therefore restricted in its use is known as

A

Character Evidence

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10
Q

This device is considered Considered to be Hearsay and is inadmissible as evidence.

A

Polygraph machine

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11
Q

This person has full control of the courtroom

A

Judge

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12
Q

The person in the courtroom who looks after all of the files is located right in front of the judge

A

Court Clerk

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13
Q

The person in the courtroom who is responsible for recording all spoken evidence, questions, and comments made during a trial. Is right in front of the judge

A

Court Reporter

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14
Q

Responsible for the duties of the legal process in the court. This person may be beside the judge in court

A

Bailiff

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15
Q

The lawyer(s) who represents the government in a criminal trial. They are always seated on the side of the witness stand

A

Crown Attorney

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16
Q

The lawyer(s) who represents the person accused of committing an offence

A

Defense Attorney

17
Q

the person charged with committing an offence located in the prisoners dock

A

Accused

18
Q

a group of 12 citizens who decide on the guilt or innocence of an accused person. Only in superior court

A

Jury

19
Q

A person called to give evidence in the trial

A

witness

20
Q

When you are arrested, you are read this

A

Charter Rights Warning

21
Q

This is usually posted in a pre-trial to allow the accused to be let out of jail under specific conditions

A

Bail

22
Q

This is the type of judge that looks over the pre-trial

A

Master

23
Q

In order to avoid going to trial or being arrested, a person can set up this with the police or crown attornies.

A

Plea Bargain

24
Q

If an individual is an indigenous Canadian, they can ask for one of these instead of a trial

A

Sentencing Circle

25
Q

The first thing that happens in a trial after the judge has sat down is this

A

Arraignment

26
Q

If the witness knowingly lies on the stand, he or she can be convicted of this

A

Perjury

27
Q

This can be used to prove someone was somewhere else when the crime had been committed

A

Alibi

28
Q

Which side reads their opening submission first and reads their closing statements last in a trial

A

Crown Attorney

29
Q

When there is no UNANIMOUS consent in a jury vote, it is called

A

A hung jury

30
Q

This is given by the judge or jury at the end of a trial in regards to the court case that was just heard.

A

Verdict

31
Q

What are the two outcomes after a verdict has been given?

A
  1. A conviction is decided upon (guilty)

2. An acquittal is decided upon (not guilty)

32
Q

While incarcerated, criminals can be let out early. This is called

A

Parole

33
Q

Both lawyers get to introduce witnesses from their side and ask questions. These questions are called

A

Direct Questions

34
Q

Both lawyers get to question witnesses prepared by their ‘friends’ on the other side. These questions are called

A

Cross-Examination Question

35
Q

The rows of benches in a courtroom, where sometimes the court artist will be seated is called this

A

Public Seating Area