Canadian Court System and Criminal Justice

Flashcards based on Canadian court definitions, roles, and criminal justice procedures.

What is the lowest level in the hierarchy of Canadian Courts?

Provincial Court.

What is the highest criminal and civil court in Canada?

Superior Court of the Province.

What type of court is the Supreme Court of Canada?

The highest appeals court in Canada.

What is an Arrest?

Legally depriving someone of liberty by seizing or touching the person.

What does Voir dire refer to in legal terms?

A mini-trial excluding jurors to discuss the admissibility of evidence.

What is a Charge to the jury?

The Judge’s explanation to the jurors of how the law applies to the case.

What is Perjury?

Knowingly making false statements in court under oath.

What does a Subpoena entail?

A court order requiring a witness to appear in court to give evidence.

Define Physical evidence.

Any object or impression used to prove or disprove facts relating to an offence.

What is the difference between Direct and Hearsay evidence?

Direct evidence is personal testimony; hearsay is based on information from others.

What constitutes Circumstantial Evidence?

Indirect evidence leading to a reasonable inference of guilt.

What are Class characteristics?

The general attributes of an object.

What are Individual characteristics?

Specific and unique features of an object.

What is the purpose of an Appearance notice?

To compel an accused person to appear in court for less serious offences.

What does Burden of proof refer to?

The obligation of the Crown to prove guilt beyond a reasonable doubt.

What is Chain of custody?

The written record of people maintaining control over evidence.

What is an Arraignment?

The first stage of a criminal trial where the defendant enters a plea.

What is the role of an Appeal in the legal system?

To apply to a higher court to review a lower court's decision.

What does a Bench warrant signify?

An arrest warrant issued directly by a Judge.

What is a Citizen’s arrest?

An arrest without a warrant by a person who is not a peace officer.

Define Bail in the context of criminal justice.

Temporary release of an accused who posts security.

What are Impressions in criminal evidence?

Patterns or marks found on surfaces caused by various objects.

What is the term for contradicting evidence introduced by the opposing side?

Rebuttal.

What are Reasonable grounds?

Information that leads a reasonable person to conclude a suspect's guilt.

Who decides whether the accused is guilty in a criminal trial?

The jury, typically a group of 12 people.

What is the purpose of a preliminary hearing?

To determine if there is sufficient evidence for trial.

Why is it important for a judge to properly charge the jury?

It educates jurors on the law for informed decision-making.

What is Forensic science?

The use of biochemical techniques to analyze evidence.

What does DNA testing analyze?

A person's unique genetic code.

What is the major difference between searching a person and searching a place?

Searching a person doesn't usually require a warrant; searching a place does.

What justifications exist for reverse onus?

Charges like murder or if the accused committed an indictable offence while out on bail.

What are the two principles of fundamental justice?

Innocence until proven guilty and the right to a fair trial.

True or False: A challenge for cause allows exclusion from a jury for a particular reason.

True.

True or False: The RCMP at the federal level focuses on customs and municipal policing.

False.

True or False: A latent fingerprint can always be seen by the naked eye.

False.