Specialized Terminology: Legal Flashcards

In a Canadian legal context, what is the key distinction between 'parole' and 'probation'?

Answer: Probation is granted by a judge as part of a sentence, while parole is a conditional release from an existing prison sentence granted by a parole board.

Probation is a sentencing option that allows an offender to serve their sentence in the community, often instead of, or in addition to, a shorter jail term. Parole, on the other hand, is not a sentence itself but a conditional early release from a correctional institution for offenders serving longer sentences, granted by a parole board.

An interpreter is in a family court mediation where a lawyer states, "This settlement offer is being made on a 'without prejudice' basis." What is the most accurate meaning the interpreter should convey?

Answer: The offer, if rejected, cannot be used as evidence of an admission in court.

The term 'without prejudice' is used in settlement negotiations to allow parties to make offers freely. It ensures that any statements, concessions, or offers made during these discussions cannot be used against that party in court as an admission of guilt or liability if the settlement fails.

Which of the following legal terms refers to the formal, written accusation, often following a preliminary inquiry, that a person has committed a serious (indictable) offense and must stand trial?

Answer: An indictment

An indictment is the formal document that sets out the criminal charges against a person for a more serious crime, known as an indictable offence in Canada. A summons orders someone to appear in court, a subpoena orders someone to provide evidence, and an affidavit is a sworn written statement.

During a pre-trial meeting for a civil lawsuit, a lawyer informs the client, for whom you are interpreting, that they will have to undergo a 'deposition'. How should the interpreter best explain this procedure?

Answer: It is sworn, out-of-court testimony that is recorded for potential use later in the legal process.

A deposition is a key part of the pre-trial discovery process where a witness (the deponent) gives testimony under oath outside of court. The testimony is recorded by a court reporter and can be used to gather information and preserve testimony for trial.

In a Canadian family law case, such as one involving child custody, the party who initiates the court case by filing the initial documents is known as the:

Answer: Applicant

In Canadian family law, the person who starts the case by filing an application with the court is called the 'Applicant'. The person who responds to the application is the 'Respondent'. The terms plaintiff and defendant are typically used in civil litigation outside of family court, and an appellant is someone who appeals a court decision.

During a witness testimony in court, a lawyer objects by saying, "Objection, hearsay." If the judge responds with "Sustained," what is the immediate consequence?

Answer: The witness is not permitted to answer the question, or if they did, the answer is struck from the record.

When a judge says "Sustained," it means they agree with the objection raised by the lawyer. As a result, the question is deemed improper, and the witness cannot answer it. If an answer was given before the ruling, the judge will instruct the jury to disregard it.