Law Jury stuff i hate ts

What is Beyond a Reasonable Doubt?

Judge/jury is almost completely sure the person commited a crime, but if there is believable doubt based on evidence, they can find the suspect guilty/non guilty.

What is a Burden of Proof

Responsibility to prove something in court

Levels of court: What each deals with, what makes them unique

Provincial - most criminal cases, small claims - Lowest level, no jury

Supreme: More serious criminal and civil cases - Higher trial court, can have juries

Federal - Immigration, taxes, copyright - handles federal law matters across Canada

SCOC - Important appeals from all across Canada - Highest court of Canada

Appeal - Reviews decisions from lower courts - can change decision but doesn’t retry case

What does the sheriff do?

Keeps order and security in the courtroom, escorts people in custody

What does the court reporter/clerk do?

Records what happens and helps organize documents

Foreperson

The juror chosen to speak for the jruy and announce the verdict

Crown

lawyer who tries to prove the accused committed the crime

Defense

Lawyer who represents the accused person

Duty counsel

Free lawyer who gives quick legal advice or help

Judge

Runs court, decides issues, gives sentences

Justice of the Peace

Court officials who handles things like warrants, bail, and minor offences

What is required to be a jury?

Must be 19 y/o, Canadian citizen, resident of the province, no more than 2 years of prison record, no officers/military and bias

What is the process of Jury Selection?

1. Potential jurors are selected

2. Jurors are questioned to make sure they are fair and unbiased

3. Lawyers may remove jurors or pick some jurors

4. The final Jury is chosen

What is challenge for a cause?

The right of crown or accused to exclude someone on jury for a reason

What is Peremptory challenge

Right of crown or defense to exclude someone on jury for no reason at all

What are the 2 different types of evidence

Circumstantial - indirect, requires reasoning to connect to a crime. Ex. Fingerprints, Dna, Witnesses

Direct - proves something immediately - ex video proof, eye witness

What are some main types of Evidence?

Eye witness - Person who sees stuff

Physical Evidence - objects physically there in linked to the crime

Wire taps - recorded calls or messages

Expert Evidence - Opinions from specialists such as forensics

What are the elements of a trial?

Arraignment, Preliminary hearing, Motion for dismissal, Direct and cross examination, leave, subpoena, Perjury, Hearsay, Objections, Appeal

What is Arraignment?

Acused is formally told the charges and enters a plea

What is Preliminery Hearing?

A hearing to decide if there is enough evidence for the case to go to trial

What is motion for dismissal?

A request by a lawyer to have the case thrown out due to lack of evidence

What is Direct vs Cross examination?

Direct - when a lawyer questions their own witness in court to get their story out

Cross - When the opposing lawyer questions that witness to test their story

Leave

Permission from the judge to do something

What is subpeona?

an order requiring someone to appear in court as a witness or bring evidence

Perjury

Lying under oath in court

Hearsay

When witness says something that someone else said, not their direct evidence

Objections

When a lawyer formally disagrees with something happening in court

Appeal

When a higher court reviews a lower courts decision to check for errors