Actus reus: Latin word for the physical act that makes up the crime.

Acquittal: A finding of not guilty in a criminal case

Adjournment: Rescheduling the court date to another day

Affidavit: A document of facts that a person swears are true. 

Allegation: A claim that someone has done something.

Appeal: Getting the case reviewed by the court of appeal to ensure it is consistent with the law

Arraignment: The process by which the accused’s name is called, the charge is read, and the accused pleads either guilty or not guilty. If the offence is one that gives the accused a choice, the accused will elect at the arraignment to be tried by a judge alone or with a jury in a higher court, or by a judge in a lower court.

Beyond a reasonable doubt: The evidence here must be so complete and convincing that any reasonable doubts as to the guilt of the accused are erased from the minds of the judge or jury. 

Book of documents: Binder of documents containing documents the lawyer is planning to use as evidence. 

Book of authorities: Binder containing the cases the lawyer is using to support their case.

Burden of proof: The burden of proof in criminal cases is on the crown who needs to prove its case beyond a reasonable doubt. It is not the job of the accused to prove they are innocent (the burden is not on them).

Case Law: Cases that have previously been heard in court on which the judge will use to support his/her decision. Case law is presented in the book of authorities 

Causation:  The relationship between an act and a consequence

Conditions: Terms or rules a person must follow if they are released into the community

Conflict of interest: When a person would benefit from a decision making them biased. For example, the accused is the judge's son. 

Consent order: When both parties come to an agreement and ask the judge for something together.

Conviction: When a person is found guilty 

Counsel: Another word for lawyer

Count: Another word for a criminal charge. "Count 1: assault with a weapon" 

Credibility: If someone is believable. A person with credibility is honest and reliable as a witness. 

Disclosure: Crown is required to share all information about a case with the defence, this is called disclosure.

Exhibit: objects or documents formally presented in court as evidence.

Hearsay: A statement made by a person who is not a witness that is repeated by a witness in court

Hung Jury: When a jury cannot come to a unanimous decision

Indictment: Document that specifies the offences (counts)with which the accused is charged

Indirect evidence: Also known as circumstantial evidence. Such as the accused; leaving the country, owning a gun, and motive.  

Mandatory Minimum: The required minimum sentence for a crime.

Mens Rea: having the intent to commit a crime. For example, accidentally hitting someone with your car vs purposefully running them over. 

Mistrial: A mistrial occurs when:

1) a jury is unable to reach a verdict and there must be a new trial with a new jury;

2) there is a serious procedural error or misconduct that would result in an unfair trial

On a balance of probabilities: The event is more likely that it occurred than not (51% chance). This is the threshold to win in civil court.

Order: A court order is a command made by the court directing the parties to do something.

Plea: Answering guilty or not guilty to the charges. 

Plea Bargain: Agreeing to plead guilty in exchange for a less severe charge and consequence.

Perjury: Knowingly lying while under oath

Precedent: Cases that have previously been decided by the court are called precedents.

Prejudice: Being unfairly biased 

Presumption of innocence: every person accused of any crime is considered innocent until proven guilty. Has two essential elements, 1. that an accused must be proven guilty beyond a reasonable doubt, and 2. that the Crown needs to prove guilt instead of the accused having to prove they are innocent. 

Privileged: Privilege provides special protection that exempts certain documents and other forms of communication from having to be disclosed in legal proceedings. Similar to confidentiality. 

Promise to appear: The promise to appear is a written document by which the accused promises to appear in court on a specific date and time. 

Proportionate: The punishment is relative to the crime. A disproportionate example would be life in prison for stealing a pack of gum. 

Reasonable Grounds: It is the threshold that a peace officer must satisfy before certain powers can be employed including arrest and searches.

Rehabilitation: the idea that the purpose of punishment is to apply treatment and training to the offender so that they are capable of returning to society and functioning as a law-abiding member of the community.

Recognizance: This is a type of release from custody. If the accused has been released from custody after a bail hearing, they will get a recognizance of bail. This document states the terms under which they have been released. It says when they must go to court. It may also include conditions of their release.

Remand: When an accused is required to stay in prison until the trial and is not released on bail. 

Restorative justice: Restorative justice refers to an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.

Re-Trial: This is a trial that takes place for a second time to decide whether a Defendant is guilty or not guilty. The same parties come to Court again, and the Defendant faces the same charges but new evidence can be called. A completely new jury is sworn in and the (re)trial begins.

Ruling: Another word for a decision made by the court

Statement: the act or process of saying something either orally or on paper. Written and oral statements.

Stay of proceedings: To stop or put a hold on a legal proceeding. This can be temporary or permanent. 

Submissions: Submissions are the legal argument explaining why a party believes a court or tribunal should decide in their favour.

Subpoena: A subpoena is a written court document that compels you to attend Court.

Surety: A surety is a person who agrees to be responsible for the accused by making sure they follow their bail conditions and attend court as required. The surety agrees to pay a sum of money to the court if the accused does not follow their bail terms.

Testimony: oral or written evidence given by the witness under oath.

Undertaking: An undertaking is a piece of paper that an accused signs instead of being held for a bail hearing. Usually, it will contain conditions they agree to comply with as part of their release from custody. If they don't follow the conditions of their undertaking they can be charged with failing to comply.

Unfit to stand trial: the accused is unable to properly defend against their charge or tell their lawyer what they want to do with their case, because of a mental illness.

Verdict: A jury's or judge's findings or conclusions on the factual issues presented at trial. Guilty or not guilty

Viva Voce: Latin for evidence given by a witness orally.

Warrant: An arrest warrant is a legal document endorsed by a court of law that identifies the accused's name, the alleged offence committed by them, and the authorization of the police officer to arrest the accused and bring them in before a judge.