Legal Terms Glossary: From Adversarial System to Transcript

Legal Terms Glossary

A

Adjournment

A pause or rest during a formal meeting or trial, or the act of giving a pause or rest.

Adjudication

A legal ruling or judgment that is typically final.

Adversarial System

A system by which the accused and the accuser present their arguments in court to be decided by a third party.

Affidavit

A type of verified statement or showing.

Appeals

The process of applying to a higher court for the reversal of the decision of a lower court.

Aquittal

To free someone from a criminal charge by a verdict of not guilty.

Arraignment

The scheduled appearance where the accused either pleads guilty or not guilty.

C

Claimant

Complainant.

Conditional Sentence

Jail in the community; the offender serves the sentence outside of jail.

Cross-Examination

The act of the opposing party questioning the witness during the trial.

Crown Prosecutor

Tasked with prosecuting under the Canadian Criminal Code.

D

Diligence

Careful and persistent work or effort.

Disclosure

The process and rules governing the exchange of information between parties in preparation for legal proceedings.

Docket

A collection of data that is used to share and store information about a court hearing.

Docket Information

Includes documents prepared manually by court staff or automatically by data entered into a computer, such as a listing of court records in a court file.

E

Electronic Monitoring

A form of surveillance that uses an electronic device fixed to a person; could be used for bail or probation.

H

Hybrid Offence

An offense where the prosecutor can choose, based on factors such as the seriousness of the accused's actions and the harm caused, to proceed with the offense as either a summary conviction or an indictable offense.

I

Intermittent Jail

Weekend jail.

P

Plaintiff

A person who brings a case against another in a court of law.

Plea Bargaining

An arrangement between the prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence, or an agreement to drop other charges.

Preliminary Hearing

A court hearing to determine whether there is sufficient probable cause for a defendant to go to trial.

Preliminary Inquiry

A hearing before a provincial judge to decide whether there is sufficient evidence for the accused to go to trial.

R

Recidivism

The tendency of a convicted criminal to reoffend.

S

Sentencing

To decide and say, officially, what a punishment will be.

Statutory Release

Release upon the expiry of a sentence.

Subpoena

A writ ordering a person to attend court.

Summary Conviction

Liable to a fine of no more than $5,000 or a term of imprisonment of not more than two years.

Suspended Sentence

You are convicted but released on probation.

Surety

A person who takes responsibility for another's performance of an undertaking, for example, their appearing in court or the payment of a debt.

T

Transcript

A written record of spoken language in court proceedings. A transcript is usually a record of all decisions of the judge and the spoken arguments by lawyers.

Trial

A formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.

Warrant of Committal

Usually issued to ensure that the convicted individual actually serves their sentence and does not abscond before or during their sentence.