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41 terms

Law CH.5 Trial Procedure

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Adversary System
1. trial procedure in Canada involving 2 seemingly opposite sides
2. a contested action, in which each party presents its case to the court
Stay of Proceedings
1. a suspension of proceedings to await further action or total discontinuance of proceedings; can be ordered if there is justifiable reason
2. court order to stop a judicial proceeding with no further action until the occurrence of the same event
Empanelling
1. selection of 12 jurors
2. the selection of a jury
Challenge for Cause
1. a challenge on jury list based on a prospective juror doesn't meet requirements of provincial laws
2. the challenging of the the sustainability of a juror on the grounds of lack of qualifications, lack of impartiality with regards to Crown and accused, or knowledge of case
Peremptory Challenge
1. allows either side to eliminate prospective juror without giving a reason
2. the challenging of the sustainability of a juror for no reason
Sequestered
isolation of jurors from family, friends, home, work before reaching a verdict
Verdict
1. a final decision upon voting to determine end of case
2. the formal decision made by a jury
Arraignment
reading of the charge by court clerk to the accused
Direct Evidence
1. best evidence, usually obtained from a witness who saw offence being committed
2. evidence given by a person who witnessed the event in question, or which can be disproved by any other fact
Circumstantial Evidence
1. evidence presented to jury that points conclusively to accused
2. all evidence of an indirect nature
Examination in chief
1. the first questioning of a witness, where no leading questions are permitted
Credibility
1. relevant to witness and how believable the witness is
2. the fact or quality of having one's evidence believed
Direct Verdict
1. instruction motioned by defense to say 'not guilty'
2. judge's direction to the jury, after the Crown presents its evidence to find the accused not guilty due to the fact that the Crown has not proven its case
Rebut
1. a contradictory statement against defense's evidence
2. AKA rebuttal; to present evidence that counteracts/ disproves evidence given by the adverse party
Surrebuttal
1. evidence that counter the Crown's rebuttal evidence
2. to present evidence that counteracts or disproves evidence given by the adverse party
Subpoena
1. warrant of arrest for witnesses who refuse to appear in trial
2. a court document ordering the appearance of a person in court for a specific purpose, usually as a witness
Contempt of Court
1. a crime in which witnesses who fail to attend a trial or remain in attendance to give evidence
2. any act that is calculated to embarrass, hinder, or obstruct a court in its administration of justice, or lessen its dignity
Affirmation
a solemn and formal declaration that he/ she will tell truth
Perjury
1. criminal offence where he/she knowingly gives false evidence and with intent to mislead
2. the act of knowingly give false evidence in a judicial proceeding, with intent to mislead
Voir Dire
1. a hearing where judge decides whether all, none, or part of evidence is admissible WITHOUT jury
2. a trial held within a trial to decide upon the admissibility of evidence
3. evidence is presented to the the jury, the prosecutor and defense lawyer debate in front of the judge admissibility
Self-Incrimination
1. evidence that would directly/indirectly help to prove guilt of person
2. behavior such as the giving of evidence that indicates one's guilt
Privileged Communications
1. communications between spouses, where spouse not allowed to give evidence against him/her except other circumstances
2. a communication that cannot be required to presented in court as evidence
Dominant Party
1. the receiver of evidence
2. the party in a position of power over another
Similar fact evidence
1. evidence that shows the accused committed a similar offence in past and is possible to do it again
2. evidence that the accused had previously committed a similar offence
Hearsay Evidence
1. What someone other than witnesses have said or wrote
2. evidence not proceeding from the personal experience knowledge of a witness
Opinion Evidence
Evidence of what a person thinks in regards to facts in disputes
polygraph
lie-detector results are inadmissible evidence
confession
1. acknowledgement by accused of the truth of the charge or essential part of it
2. an acknowledgement in words by the accused of the truth of all part of the charge against him/ her
inculpatory
1. confession of admission
2. a statement that incriminates the person giving it
exculpatory
1. confession of denial
2. a denial by the accused of the truth of the charge
alibi
1. proof that accused couldn't possibly have committed the offence
2. a defense that places the accused at the relevant time in a different place than the scene of the crime
Provocation
Partial defense for murder
necessity
1. urgent situation of clear and imminent danger when compliance with law is impossible
2. a defense that indicates the accused had no other alternative to the action taken
duress
1. committing an offence under a threat of immediate death or bodily harm
2. the threat of use of violence by one party that forces another to do something against his/her will
Honest Mistake
1. may be accepted as defense, similar to excusable conduct
2. the defense that the offender truthfully didn't know that a criminal wrong was committed
Automatism
1. The state of a person who is not conscious of what he is doing
2. actions performed by an individual who isn't conscious of what he/she is doing
EX. sleepwalking/ concussion
Entrapment
1. police action of encouraging of aiding a person to commit an offence, not valid defense
2. the action of inducing a person into committing an offence
Double jeopardy
1. Trying someone twice for the same offence
2. prohibition against being tried for the same offence twice
autrefois acquit
1. the accused states that he/she has already been acquitted of charge
2. the French phrase meaning: formerly acquitted
autrefois convict
1. the accused states that he/she has already been convicted on the charge
2. the French phrase meaning: formerly convicted
hung jury
1. further examination of the evidence would yield no verdict; so judge dismisses the jury
2. a jury that cannot come to a unanimous decision in a criminal case