Who's Who In the Courtroom (Ch.1)

Question 1

What is the role of evidence in the courtroom?

Answer 1

to assist the trier of fact in determining the truth in a fair manner

Question 2

Evidence is about ______ and _______

Answer 2

truth and fact

Question 3

In a criminal trial, the document that outlines the offences that a person charged has allegedly committed is called what? And who usually lays the document?

Answer 3

an information, usually laid by a police officer (sometimes a private person)

Question 4

The requirement that the Crown produce to the defence, before the trial begins, all the evidence that has been gathered in a criminal case

Answer 4

Disclosure

Question 5

the process in a non-criminal case through which every party to the case has an opportunity to examine the evidence

Answer 5

Discovery

Question 6

In a criminal or quasi-criminal proceeding, what level of disclosure does the prosecution have?

Answer 6

prosecution has an absolute duty to disclose the full evidence against the accused person to the defence

Question 7

Judicial process in which parties present evidence before an impartial decision-maker, who then makes a decision in the case

Answer 7

adversarial system

Question 8

person in a trial who assesses the evidence and renders a verdict; in a jury trial, the jury

Answer 8

trier of fact

Question 9

person in a trial who controls the trial process. determines the admissibility of evidence, and instructs the trier of fact on the applicable law; in a jury trial, the judge

Answer 9

trier of law

Question 10

does the following describe a trier of law (always the judge) or trier of fact (judge or jury);
* weighs all admissible evidence
* assesses the credibility and reliability of witnesses and evidence
* renders a verdict

Answer 10

Trier of Fact (judge or jury)

Question 11

does the following describe a trier of law (always the judge) or trier of fact (judge or jury);
* controls the process in the courtroom
* determined the admissibility of individual pieces of proposed evidence
* instructs the trier of fact on the law that applies

Answer 11

Trier of Law (always the judge)

Question 12

Mini-trial, or trial within a trial, that is designed to determine the admissibility of evidence in the absence of the jury

Answer 12

Voir dire

Question 13

judge’s instructions to the jury, before the jury begins deliberations, regarding the applicable law, the standard of proof, and the available defences

Answer 13

Charge to the jury

Question 14

What are the major features of the adversarial system?

Answer 14

• each party is represented by a skilled advocate (counsel for lawyer or agent for paralegal)
• each party presents their case and cross-examines the opposing party

Question 15

What are some differences between the role of a judge and role of the jury in the trial process?

Answer 15

• judge is the trier of law
• jury is trier of fact
• judge makes all decisions that require legal training
• judge has control to keep the trial fair
  *

Question 16

What is meant by the term “trier of fact”? Who performs this function in a trial?

Answer 16

• assesses the evidence and renders a verdict
• in a jury trial, the jury
• without a jury, the judge

Question 17

What is the role of a voir dire in the trial process?

Answer 17

designed to determine the admissibility of a proposed piece of evidence in the absence of the jury

Question 18

What is the purpose of the charge to the jury?

Answer 18

Tell the jury:
* the applicable law
* the standard of proof
* the available defences
(By judge before deliberations)