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Grade 11 Law Trial Procedures Unit Test
trial procedures unit review
32
History
11th Grade
12/09/2015

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Cards

Term
How does the Adversarial System work?
Definition
The Adversarial system has two opposing sides:
• The crown – represents society
• The defence – represents the accused
Term
What 2 things must the Crown prove?
Definition
• Actus reus – wrongful deed
• Mens rea – guilty mind
Term
What is the role of the Judge?
Definition
The Judge has full control of the courtroom and decides if evidence is admissible. When there is no jury the judge also decides guilt.
Term
What is the role of the Crown Prosecutor?
Definition
The Crown Prosecutor is the lawyer for the Crown or society. He must present all available evidence even if it weakens the case. The Crown Prosecutor also meets with the Police to review the evidence and decides whether or not criminal charges will be laid.
Term
What is the role of the Defence Council?
Definition
The Defence Council must represent the client as best as possible even when the crime is offensive.
Term
What is a testimony?
Definition
Testimony is a declaration sworn under oath.
Term
What is the role of the Court Clerk?
Definition
The Court Clerk reads the charge, swears in witnesses and tags evidence.
Term
What is the role of the Court Recorder?
Definition
The Court Recorder must copy word for word all of the evidence that is heard.
Term
What is a stay of proceedings?
Definition
A stay of proceedings is an order made by a judge that stops the trial until further action is taken. It may even stop the trail for good.
Term
What are the advantages of a Jury?
Definition
Juries:
• Involve and educate the public
• Helps make sure decisions reflect social values
• The diverse background of juries can help ensure fairness
• Decisions must be unanimous (all in agreement) so convincing even one juror will result in not guilty
Term
What are the advantages of a Judge?
Definition
Judges:
• May be less prejudiced than some jurors
• Understands legal technicalities that may confuse jurors
• Judges are trained to decide based on fact and law but jurors can be emotional
• Judges present reasons for decision and this can help with appeals
Term
What types of offences require a Jury?
Definition
Serious offences like murder, treason and more require a jury.
Term
What is empanelling?
Definition
Empanelling is the process of selecting a Jury.
Term
What are the steps to select a jury?
Definition
1. List of all people in area where court is located
2. Random selection of 75 to 100 people from the list
3. People selected are summoned to appear at court
4. Each person’s name is placed in a barrel and names are drawn
5. Each person steps forward as name is drawn
6. Judge exempts those with personal interest in the case or hardship
7. Crown and defence question prospective jurors, judge must approve the questions
8. Crown and defence challenge, eliminate or accept jurors
Term
What is a peremptory challenge?
Definition
A peremptory challenge is when a juror is eliminated without any reason being given. Each side is given a certain number of peremptory challenges.
Term
What are things are jurors not allowed to do?
Definition
Jurors are not allowed to:
• Discuss the case with anyone other than other jurors
• Follow media reports about the case
• Disclose information that is not revealed in open court
Term
What is sequestered?
Definition
Sequestered is when a jury is required to stay in a certain location away from home and public until the end of a trial. This keeps them isolated from their friends and families and media. This helps them to not be influences by anything other than the evidence in the trial.
Term
What is arraignment?
Definition
The arraignment is the first step in a trial; it is the reading of the charge to the accused.
Term
What type of Evidence is admissible?
Definition
Evidence must be relevant, reliable and fair.
Term
What is direct evidence?
Definition
Direct evidence is evidence obtained in testimony of witnesses who saw the offence being committed. There isn’t always direct evidence and it can be contradictory or unreliable as memories change over time.
Term
What is circumstantial evidence?
Definition
Circumstantial evidence is indirect evidence. It suggests it is likely that the accused committed the crime.
Term
What is examination in chief?
Definition
Examination in chief is the first questioning of the witness. This questioning is done by the Crown. The Crown cannot use leading questions.
Term
What is cross-examination?
Definition
Cross-examination is the questioning by the defence which comes after the Crown. The defence is allowed to use leading questions to test the credibility.
Term
What is a subpoena?
Definition
A subpoena is a court document that orders a witness to appear for testimony. A witness who refuses to appear can be arrested and detained for 30 days, if they refuse to give evidence at a trail they can be charged with contempt of court and put in prison for 90 days.
Term
What is perjury?
Definition
Perjury is to give false or misleading evidence as a witness in court.
Term
Rules of Evidence are
Definition
Self-incrimination – witness testimony cannot be used to later to incriminate the witness in another proceeding. This is to encourage the witness to be truthful.
Voir dire – is a separate trial within a trial to determine if certain evidence is admissible.
Term
10 Types of Evidence are:
Definition
1. Privileged communications – communications that cannot be required to be presented in court such as communication between spouses, clergy and parishioners, patients and doctors etc.
2. Similar fact – evidence that shows the accused has committed similar offences in the past. This type of evidence must be relevant to the case.
3. Hearsay evidence – something that someone other than the witness has said or written. Generally not admissible. Would be allowed to quote a person who was dying as long as the evidence would have been admissible if the person had lived.
4. Opinion evidence – this is admissible if from a qualified expert.
5. Character evidence – evidence of negative character. The crown is limited in use but the defence can use to support the accused’s credibility.
6. Photographs – admissible if identified as accurate portraits of the crime scene.
7. Electronic devices and surveillance – procedures must be strictly followed. Recording of private conversations is only allowed if authorized by court order or one of the parties knew of the recording.
8. Polygraph evidence – this is lie detector test evidence and it is not admissible
9. Confession – for a confession to be admissible the accused must have been advised of their charter rights and the confession must have been voluntary.
10. Illegally obtained evidence – debated and the measured used to decide admissibility is that of a reasonable person’s reaction to the evidence being allowed.
Term
10 Types of Defences
Definition
• Self-defence – use of reasonable and necessary force to protect yourself and property
• Legal Duty – allows certain people to commit acts as necessary, ie police can speed
• Excusable Conduct – provocation, duress or honest mistake
• Mental disorder – not fit to stand trial or not mentally fit at time of offence
• Intoxication – intoxication can remove the requirement of intent and change the charge such as aggravated assault reduced to assault
• Automatism – unconscious behaviour such as sleep walking or convulsions that caused behaviour
• Consent – party injured could and did consent to the action, often a defence in sports injuries
• Entrapment – defence that police action encouraged the offence
• Mistake of fact – ignorance of law is not a defence, but ignorance of the facts can be as long as not neglecting to learn the facts
• Double jeopardy – cannot be tried twice for the same offence.
Term
What is the summation?
Definition
After all the evidence is presented, each side summarizes their case.
Term
What is the Charge to the Jury?
Definition
The judge makes a charge to the jury which is where the judge reviews the facts and the law that applies and provides any special direction.
Term
What is the deliberation?
Definition
The deliberation is the process of the jury discussing the evidence and reaching a verdict.
Term
What is a hung jury?
Definition
A hung jury is a jury that is unable to reach a decision. A hung jury will require a new trial by a new jury.
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