2774958
Description
Flashcards by Penny-Ann Lupton, updated more than 1 year ago
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Created by Penny-Ann Lupton
almost 9 years ago
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| Question | Answer |
| charge to the jury 2 pts | -judge's instructions to jury, before jury begins deliberations, - regarding applicable law, standard of proof, and available defences |
| voir dire 4 pts | -mini trial, -trial within trial, -determine admissibility of evidence -trier of fact absent |
| trier of fact 2pts | -person in trial who assesses evidence & renders verdict -in a jury trial, the jury |
| trier of law 4 pts | -person in trial who controls process. -determines admissibility of evidence, -instructs trier of fact on applicable law -in a jury trial- the judge |
| adversarial system | -judicial process in which parties present evidence before impartial decision-maker, who then makes a decision in the case |
| Judicial discretion | -judge's freedom to apply rules/decide issues in context of a case |
| principled approach | method of applying rules of evidence by reference to the policy underlying the rules |
| admissible evidence | evidence that may be considered by the trier of fact |
| excluded evidence | evidence that cannot be considered by the trier of fact |
| hearsay evidence 2 pts | -evidence given by witness based on info received from others rather than personal knowledge; -generally considered inadmissible |
| administrative tribunals 3 pts | -decision-making bodies. -similar to courts, - rule on regulatory disputes |
| natural justice | -fundamental legal principle entitling a person to a fair and unbiased hearing |
| burden of proof | -party's obligation to prove certain facts/matters in issue |
| rebut | -present opposing evidence/arguments |
| air of reality test | -test of whether defence to a charge is reasonable in light of evidence |
| beyond a reasonable doubt | -very high standard of proof in criminal matters |
| balance of probabilities 3 pts | -standard of proof in civil matters -determined on basis of more likely than not -50 +1% |
| prima facie case | -case in which there is sufficient proof on Its face that no further proof is required for a party to succeed |
| directed verdict | -judge directs the accused be acquitted because the crown has not made a prima facie case |
| non-suit | -judge directs dismissal of the case because plaintiff has failed to meet a prima facie case |
| presumption | -fact that is taken to be true without requirement of formal proof |
| reverse onus | situation where obligation to prove a fact is shifted from Crown to accused |
| Judicial notice | -judge's recognition of fact without requiring a party to prove it |
| notorious fact | -fact that is so generally known & accepted that it may not reasonably be disputed |
| Role of Evidence Law | -establishes principles to exclude facts that may not be HELPFUL/may be HARMFUL in fair determination of the case. -limit VOLUME of information put to trier of fact so proceedings are manageable |
| 3 components of a presumption | 1. Crown must prove basic fact, 2. The presumed fact follows on proof of basic fact. 3. accused can rebut presumption by disproving or raising doubt about the basic fact. |
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