LegalTerminology.pptx

LEGAL TERMINOLOGY Municipal Law Enforcement Officers’ Association (Ontario) 2021-03-12 1 mleoa.ca  RELATING TO COURT PROCEEDINGS…...

LEGAL TERMINOLOGY Municipal Law Enforcement Officers’ Association (Ontario) 2021-03-12 1 mleoa.ca  RELATING TO COURT PROCEEDINGS… 2 2021-03-12 mleoa.ca  DOCKET A public list of cases to be heard in a specific courtroom during a specific period of time 3 2021-03-12 mleoa.ca  COUNT A separate charge on an Information 4 2021-03-12 mleoa.ca INFORMATION A sworn charging document listing the elements of an offence (facts in issue) and formally setting out a charge(s)… is the formal documentation which establishes the charge within the court system. It is the document setting out the facts in issue in a case. 5 2021-03-12 mleoa.ca  SUMMONS An order requiring the defendant to appear before a court in answer to a charge. 6 2021-03-12 mleoa.ca  ARRAIGNMENT The formal reading of the charge and any specifics relating to the charge, in court. The point at which the charge is formally established in the courts and with the defendant. 7 2021-03-12 mleoa.ca  AFFIRMATION A solemn declaration made without an oath. Has the same effect as an oath to tell the truth. 8 2021-03-12 mleoa.ca  ADJOURN A procedural request available to both the prosecution and the defence which would postpone the matter to a later date, if granted. Either party can argue against the request. 9 2021-03-12 mleoa.ca  IN ABSENTIA Part I matters only A trial (as requested by the defendant) in the absence of the defendant Elements of the offence must still be established Justice of the Peace must determine if the charging document is proper on its face 10 2021-03-12 mleoa.ca  EX-PARTE TRIAL A judicial proceeding held in the absence of the defendant or named party Usually applies to a Part 3 trial or a formal motion in which the court must make a finding. The Court enters the Plea of "Not Guilty" on behalf of the defendant. 11 The Prosecution must establish all elements of the 2021-03-12 mleoa.ca  TRIAL A method of presenting a charge, evidence and a defence to a member of the Judiciary for review and adjudication A verdict or decision will result A sentence or penalty may arise from using this process, if the Judiciary convicts 12 2021-03-12 mleoa.ca  VOIR DIRE A trial within a trial to determine the admissibility of evidence 13 2021-03-12 mleoa.ca  ACQUITAL A finding by the Justice of the Peace that there is “reasonable doubt” and a conviction cannot be entered for the offence as charged. 14 2021-03-12 mleoa.ca  APPEAL A method of having a lower court decision opened and examined by a senior court May result in a matter being sent back to the lower court to be re- tried Where a matter is ordered to be re-tried, the original conviction is struck out as if it never occurred 15 2021-03-12 mleoa.ca  STAY The suspension of court proceedings pending further actions Can be temporary or permanent depending on the circumstances and what is requested by the parties involved 16 2021-03-12 mleoa.ca  RELATING TO CHARGES AND EVIDENCE… 17 2021-03-12 mleoa.ca  ABSOLUTE LIABILITY An offence for which the defence of due diligence (i.e. having taken steps to avoid the offence/infraction) is not available to the charged party 18 2021-03-12 mleoa.ca  STRICT LIABILITY OFFENCE A defense of due diligence may be offered Does not involve intent 19 2021-03-12 mleoa.ca  ADMISSIBLE Evidence which the court is willing to accept as part of the trial 20 2021-03-12 mleoa.ca  HEARSAY Evidence that lacks first hand knowledge and cannot be tested by the opposing party so as to establish its relevance and accuracy Can apply to oral, written or physical evidence 21 2021-03-12 mleoa.ca  JURISDICTION Refers to the scope of authority (geographic and legal) an officer to enforce the law Also refers to the scope of authority the court has to rule on the matter before the court 22 2021-03-12 mleoa.ca  PRIMA FACIE CASE A case where the prosecutor has provided sufficient evidence, which if accepted and not successfully challenged or rebutted through cross examination or defence evidence, could result in a conviction 23 2021-03-12 mleoa.ca  ULTRA VIRES Beyond the powers of, or without authority 24 2021-03-12 mleoa.ca  LIMITATION PERIOD The time within which a charge must be laid after the commitment of an offence, or a process must be completed 25 2021-03-12 mleoa.ca  OFFICIALLY INDUCED ERROR A defence where a defendant reasonably relies upon the erroneous legal opinion, evidence, or instruction of an official responsible for the administration or enforcement of the law 26 2021-03-12 mleoa.ca  RELATING TO WITNESSES… 27 2021-03-12 mleoa.ca  AFFIDAVIT A statement of fact made in writing, verified under oath, attesting to that statement of fact and administered by any person authorized by law to administer oaths 28 2021-03-12 mleoa.ca  LEADING QUESTION A question which contains the desired answer ************* Was the car involved a red car? Vs. What colour was the car? 29 2021-03-12 mleoa.ca  EXCULPATORY Any evidence (e.g. statement, documentation, etc) that relieves the defendant of guilt or responsibility. 3 0 2021-03-12 mleoa.ca  INCULPATORY Evidence which shows or tends to show a person’s involvement in an act or offence that can establish guilt….includes a statement of admission from the defendant i.e. confession 31 2021-03-12 mleoa.ca  COMPELLABLE A witness who may lawfully be required to give evidence 32 2021-03-12 mleoa.ca  COMPETENT Refers to the person’s mental fitness to make rational decisions and perform and participate in legal proceedings Is able to understand the nature and consequences of an act 33 2021-03-12 mleoa.ca  DUE DILIGENCE The actions the defendant took at the time of the incident which if accepted by the court would result in an acquittal in a strict liability offence 34 2021-03-12 mleoa.ca  EXAMINATION IN CHIEF The questioning of a witness by the party that called the witness 35 2021-03-12 mleoa.ca  CROSS EXAMINATION The examination of a witness by the opposite side to that which called the witness Usually immediately follows examination in chief. 36 2021-03-12 mleoa.ca RELATING TO THE DECISION… 37 2021-03-12 mleoa.ca  COMMON LAW Rules resulting from judicial decision in cases through the centuries, that guide future decision and development in those rules 38 2021-03-12 mleoa.ca  CIRCUMSTANTIAL EVIDENCE Evidence which suggests that a fact is true because of the existence of another proven fact 39 2021-03-12 mleoa.ca  ELEMENTS OF AN OFFENCE (Facts in Issue) Those facts which must be proven in court beyond a reasonable doubt: …who…what…where…when The specific elements of each offence found in the wording of the legislation creating the offence, as well as any case law interpreting it When in dispute, an “element of the offence”, becomes a “fact in issue” 40 2021-03-12 mleoa.ca  BURDEN OF PROOF The degree of measurement applied to a case by the Justice who must believe “beyond a reasonable doubt” that the defendant has committed the offence with which he/she is charged 41 2021-03-12 mleoa.ca  THANK YOU 42 2021-03-12 mleoa.ca