Multiple Choice (20pts)
Short Answer Questions (12pts)
Case Study (5pts)
Criminal Court Structure
· Provincial Courts à where do they rank? (chart p.163) How are some divided? What type of cases do they hear? Who appoints judges to it?
· What is a preliminary hearing? Which courts hear these?
· Federal Courtsà what types are there? Trial Division, Appeal Division, Supreme Court (other courts included Tax Court & Court Martial Appeal Court); what kind of cases do they hear? (p.166)
· What is the difference between a summary and an indictable offence? (p.164)
· What is the highest court within a province?
· Supreme Court à what are its functions? How many judges are there and from where?
· What are the differences among Section 469, 553 and 554 criminal code offences?
· What are 2 fundamental principles that guide Canada’s criminal justice system? (p.168)
· How do a judge and justice of the peace differ? How are they similar?
· A person charged w/ a crime is referred to as what? (2 different ways)
· What is duty counsel and how do they compare to defense counsel? How does a defense counsel’s job change depending on your plea?
· What are the names for lawyers representing the government’s or society’s interests?
· What do court clerks, court reporters, court security, and bailiffs do?
· Witnesses are summoned to court by what document?
· What is lying under oath called? What is the punishment for it?
Role of the Jury
· How many on a jury normally? What are the eligibility requirements for jury duty? (2things)
· What is the role of the jury foreperson? How are they chosen?
· How is a jury chosen? From jury panel forward be prepared to explain.
· What is a challenge for cause? What are some examples of cause? What is a peremptory challenge? Why do they exist? How many of either challenges do you get?
The Criminal Trial Process
· What are the steps/stages in a criminal trial and be prepared to explain each.
2. jury selection
3. judges’ address to jury
4. opening statements by the Crown
5. Crown Witness (direct/indirect examinations)
6. option of a motion for dismissal by defense
7. opening statements by defense
8. defense witnesses (direct/indirect examination)
11. Closing Arguments (Crown goes first is defense called no witnesses)
12. Judges address to jury
13. Jury deliberates
14. Jury returns verdict
· What is an indirect vs direct examination?
· What are the 5 grounds for objection and be prepared to explain and give example of each. (p.176) How and when is objection handled in court?
· What is a hung jury? What happens if it occurs? (p.182)
· What is direct evidence? How does it differ from circumstantial evidence?
· What is the opening statements purpose? What is it not meant to be?
· What is the charge to the jury meant to be and why must the judge be careful in its delivery?
· What is an appeal? When are they held? By whom? What are the parties called at an appeal?