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31 Cards in this Set
- Front
- Back
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Accused |
A person charged with a crime; the defendant in a criminal trial. |
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Acquital |
A finding of "not guilty" in a criminal trial. |
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Adjournment |
Postponment of a court hearing to another date. |
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Affidavit |
A written statement or declaration of facts that are sworn or affirmed to be true. |
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Affirmation |
A solemn declaration made by a person to tell the truth. Lying is perjury, a criminal offence. |
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Appellant |
The party bringing an appeal. |
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Burden of Proof |
The degree of proof needed in a proceeding for a party to prove a disputed assertion or charge. |
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Balance of Probabilites |
This is the standard of proof used in civil and family matters. |
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Beyond a Reasonable Doubt |
This is the standard of proof used in criminal matters. |
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Case Law |
Judge-made law and legal decisions from previous cases that form precedents for future cases. Depending on what level of court, case law can be binding or just persuasive. |
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Complainant |
A person who brings a legal complaint against another; may include the victim of an alleged criminal offence. |
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Conviction |
The act of finding someone guilty. |
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Defendant |
A person sued in a civil proceeding or accused in a criminal proceeding. |
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Disclosure |
Making info and documents known and available to a party in a proceeding. There are disclosure requirements placed on parties by law or court rules . |
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Examination |
The questioning of a witness under oath or affirmation. |
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Direct Examination |
The questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify. |
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Cross Examination |
The examination of a witness by an opposing party to develop or test the truth of evidence given by the witness during direct examination. |
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Oath |
A solemn declaration, followed by a swearing to God, whereby the person promises to tell the truth. |
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Offence |
A violation of the law.
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Hybrid Conviction |
Term applied to a criminal offence which may be tried by summary conviction procedure or by indictment at the option of the prosecutor. Is an indictable offence until the crown elects to proceed by way of summary of conviction. The difference is the process followed. |
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Indictable Offence |
More serious criminal offence that carry longer maximum sentences and higher fines; these offences are also subject to more complex court procedures. |
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Quasi-Court Offence |
A non-criminal offence that carries a penalty similar to that of a criminal offence, but that is subject to less complex court procedures. For example; traffic and workplace procedures. |
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Regulatory Offence |
A non-criminal offence that regulates conduct in the public interest, such as security regulations. Often dealt with at administrative tribunals. |
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Summary Conviction Offence |
These criminal offences carry lower maximum penalties and are subject to less complex court procedures. Matters which are heard in the Ontario Court of Justice. |
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Precedent |
A judicial decision or judgement that is cited as the authority for deciding a similar situation in the same manner. |
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Preliminary Inquiry |
The procedure conducted by a provincial court to determine whether the crown has sufficient evidence for a trail of the accused. |
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Respondant |
1. A person whom a claim is made in an application, answer or appeal. 2. A person whom one issues a summons. |
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Subpoena |
A document that compels a person to attend proceedings as a witness in order to give testimony. |
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Summons (to witness) |
A document issued by the court, agency, board or commission, or another person, requiring a person to attend and to produce documents or other things. |
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Viva Voce Evidence |
Evidence that is given orally, as opposed to written evidence. |
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Voir Dire |
A trial within a trial. A procedure to determine the admissibility of certain evidence in advance of the evidence being admitted. |
