The Criminal Court System

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Provincial court

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The lowest level in the hierarchy of Canadian courts

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Preliminary Hearing

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A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

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appeal

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An application to a higher court to review the decision made by a lower court.

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Superior court of Canada

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The highest criminal and civil court,consisting of a trail division and an a appeal division

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Court of appeal

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A court with the authority to review descions made by lower courts

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Federal court of Canada

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A court that hears cases involving the federal government;consists of a trial and an appeal division

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Supreme court of canda

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The highest appeals court in Canada also deals with constitutional questions referred to it by the federal government

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Leave

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permission to appeal a case from a lower court to a higher court

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Beyond a reasonable doubt

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A standard of proof whereby a defendants guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the did indeed commit the offence

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Judge

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The court official appointed to try cases in a court of law and to sentence convicted persons

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Justice of the peace

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A court official appointed to try cases in a court of law and to sentence convicted persons

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Accused( or defendant )

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In criminal court,the person charged with committing a criminal offence

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Duty Counsel

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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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Defense Counsel

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The lawyer who defends an accused person on trial

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Crown Attorney (or prosecutor)

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The lawyer representing the government,responsible for instituting legal proceedings against the accused

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Evidence

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Information that tends to prove or disprove the elements of an offence

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Court Clerk

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The court official who assists the judge

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Court reporter

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The court official who records everything said during a trial

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Transcript

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A typed record of everything said in a court during trial

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Court security officer

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The court official who maintains security in the courtroom

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Sheriff

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the court official who maintains security in the courtroom

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Bailiff

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The court official who assists the sheriff

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witnesses

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persons who give evidence while under oath in a court of law

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subpoena

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a court order requiring the witness to appear in a court on a certain date give evidence

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perjury

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Knowingly making false statements in court while giving evidence under oath or affirmation

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Jury

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In a criminal trial a group of 12 people who decide whether the accused is guilty or not

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Jury Panel

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The large group of randomly selected citizens from which jury members are chosen

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Arraignment

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The first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea

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Challenge for a cause

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The right of the crown or defense to exclude someone from a jury for a particular reason

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burden of proof

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the crowns obligation to prove the guilt of the accused beyond a reasonable doubt

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direct examination

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the first questioning of a witness to determine what he or she observed about the crime

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Cross-examination

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The second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney

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Motion for dismissal

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A request by defense counsel that the judge dismiss the charges against the defendant

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Rebut

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To contradict evidence introduced by the opposing side

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surrebuttal

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A reply to the opposing sides rebuttal

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Hearsay evidence

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Evidence given by a witness based on information received from someone else rather than personal knowledge

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Direct Evidence

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Testimony given by a witness to prove an alleged fact

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Circumstantial evidence

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Indirect evidence that leads to a reasonable inference of the defendants guilt

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Character evidence

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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

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the use of any electronic device to over hear or record communications between two or more people

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WireTapping

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The interception of telephone communications

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Bugging

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Recording a speakers oral communication by using an electronic device

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Voir dire

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A mini trial in which jurors are excluded while the admissibility of evidence to be discussed

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Charge to the jury

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The judges explanation to the jurors of how the law applies to the case before them

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Hung jury

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A jury that cannot reach an unanimous verdict and is consequently dismissed from the case

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Appellant

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the party that files an appeal

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Respondent

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The party that responds to an appeal

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See charts

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See charts