Chapter 9: The Criminal Court System
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Provincial Court. | The lowest level in the hierarchy of Canadian courts.
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Preliminary Hearing | A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial
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Appeal | An application to a higher court to review the decision made by a lower court
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Superior Court of Province | The highest criminal and civil court, consisting of a trial division and an appeal division
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Court of Appeal | A court with the authority to review decisions made by lower courts
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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
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Supreme Court of Canada | The highest appeals court in Canada, also deals with constitutional questions referred to it by the federal government
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Leave | Permission to appeal a decision from a lower court to a higher court
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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
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Judge | The court official appointed to try cases in a court of law and to sentence convicted person
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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
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Accused | In criminal court, the person charged with committing a criminal offence
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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
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Defence Counsel | A lawyer who defends an accused person on trial
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Crown Counsel | The lawyer representing the government, responsible for instituting legal proceedings against the accused
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Evidence | Information that tends to prove or disprove the elements of an offence
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Court Clerk | The court official who assists the judge
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Court Reporter | The court official who records everything said in court during a trial
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Transcript | A typed record of everything said in court during a trial
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Court Security Officer | The court official who maintains security in the courtroom
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Sheriff | The court official responsible for jury management
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Bailiff | The court official who assists the sheriff
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Witnesses | Persons who give evidence while under oath or affirmation in a court of law
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Subpoena | A court order requiring the witness to appear in court on a certain date to give evidence
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Perjury | Knowingly making false statements in court while giving evidence under oath or affirmation
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Jury | In a criminal trial, a group of 12 people who decide whether the accused is guilty or not guilty
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Jury Panel | The large group of randomly selected citizens from which jury members are chosen
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Burden of Proof | The Crown's obligation to prove the guilt of the accused beyond a reasonable doubt
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Direct Examination | The first questioning of a witness to determine what he or she observed about the crime
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Cross-Examination | The second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel
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Motion for Dismissal | A request by defence counsel that the Judge dismiss the charges against the defendant
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Directed Verdict | A decisions by the Judge to withdraw the case from the jury and enter a verdict of not guilty
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Rebut | To contradict evidence introduced by the opposing side
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Surrebuttal | A reply to the opposing side's rebuttal
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Hearsay Evidence | Evidence given by a witness based on information received from someone else rather than personal knowledge
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Direct Evidence | Testimony given by a witness to prove an alleged fact
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Circumstantial Evidence | Indirect evidence that leads to a reasonable inference of the defendants guilt
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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
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Electronic Surveillance | The use of any electronic device to overhear or record communications between two or more people
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Wiretapping | The interception of telephone communications
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Bugging | Recording a speaker's oral communication by using an electronic device
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Voire Dire | A mini-trial in which jurors are excluded while the admissibility of evidence is discussed
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Charge to Jury | The judges explanation to the jurors of how the law applies to the case before them
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Hung Jury | A jury that cannot reach an unanimous verdict
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Appellant | The party that files an appeal
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Respondent | The party that responds to an appeal
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