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Chapter 9: The Criminal Court System

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Term
Definition
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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