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Ch. 9 Criminal Court

Criminal Court System

TermDefinition
Provincial Court The lowest level in the hierarchy of Canadian courts
Preliminary Hearing A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial
Appeal An application to a higher court to review the decision made by a lower court
Superior Court of Province The highest criminal and civil court, consisting of a trial division and an appeal division
Court of Appeal A court with the authority to review decisions made by lower courts
Federal Court of Canada A court with jurisdictions to hear civil and criminal cases referred by federal boards, commissions, or tribunals, and to rule on constitutional issues referred by the Attorney General
Supreme Court of Canada The highest appeals court in Canada, also deals with constitutional questions referred to it by the federal government
Leave Permission to appeal a decision from a lower court to a higher court
Beyond a Reasonable Doubt A standard of proof whereby a defendant's guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence
Judge The court official appointed to try cases in a court of law and to sentence convicted persons
Justice of the Peace A court official who has less authority than a judge but who can issue warrants and perform some other judicial functions
Accused In criminal court, the person charged with committing a criminal offence
Duty Counsel A lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court
Defence Counsel A lawyer who defends an accused person on trial
Crown Counsel The lawyer representing the government, responsible for instituting legal proceedings against the accused
Evidence Information that tends to prove or disprove the elements of an offence
Court Clerk The court official who assists the judge
Court Reporter The court official who records everything said in court during a trial
Transcript A typed record of everything said in court during a trial
Court Security Officer The court official who maintains security in the courtroom
Sheriff The court official responsible for jury management
Bailiff The court official who assists the sheriff
Witnesses Persons who give evidence while under oath or affirmation in a court of law
Subpoena A court order requiring the witness to appear in court on a certain date to give evidence
Perjury Knowingly making false statements in court while giving evidence under oath or affirmation
Jury In a criminal trial, a group of 12 people who decide whether the accused is guilty or not guilty
Jury Panel The large group of randomly selected citizens from which jury members are chosen
Arraignment The first stage of a criminal trial in which the defendant enters a plea to the charge
Challenge for Cause The right of the Crown or defence to exclude someone from a jury for a particular reason
Peremptory Challenge The right of the Crown or the defence to exclude someone from a jury without providing a reason
Burden of Proof The Crown's obligation to prove the guilt of the accused beyond a reasonable doubt
Direct Examination The first questioning of a witness to determine what he or she observed about the crime
Cross-Examination The second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel
Motion for Dismissal A request by defence counsel that the Judge dismiss the charges against the defendant
Directed Verdict A decision by the Judge to withdraw the case from the jury and enter a verdict of not guilty
Rebut To contradict evidence introduced by the opposing side
Surrebuttal A reply to the opposing side's rebuttal
Hearsay Evidence Evidence given by a witness based on information received from someone else rather than personal knowledge
Direct Evidence Testimony given by a witness to prove an alleged fact
Circumstantial Evidence Indirect evidence that leads to a reasonable inference of the defendants guilt
Character Evidence Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence
Electronic Surveillance The use of any electronic device to overhear or record communications between two or more people
Wiretapping The interception of telephone communications
Bugging Recording a speaker's oral communication by using an electronic device
Voire Dire A mini-trial in which jurors are excluded while the admissibility of evidence is discussed
Charge to Jury The judges explanation to the jurors of how the law applies to the case before them
Hung Jury A jury that cannot reach an unanimous verdict
Appellant The party that files an appeal
Respondent The party that responds to an appeal
Jesse Wray The awesome kid who spent his whole spare making your study-stacks :)
Created by: slslozzy