Chapter 11: Presenting Evidence at Hearing

Question 1

4 Fundamental Principals for admissibility and weight

Answer 1

1. Relevance
2. Reliability
3. Necessity
4. Fairness

Question 2

Relevance

Answer 2

The degree to which evidence provided helps answer a question the tribunal must address

Question 3

5 dimensions to measure Reliability

Answer 3

1. How to evidence was obtained (Direct observation vs Hearsay)
2. What is the Witnesses Motivation
3. Is it observation or opinion
4. Is it direct or circumstantial
5. Does other Evidence Corroborate it

Question 4

Can unreliable evidence be admissible

Answer 4

1. Unreliable evidence may be admissible, depending on necessity and fairness
2. More weight is given to more reliable evidence

Question 5

Can irrelevant evidence be admitted

Answer 5

if evidence is irrelevant or even marginally irrelevant it is inadmissible

Question 6

Necessity

Answer 6

the greater the need for evidence the greater the chance of it being admitted

Question 7

Fairness and 3 example

Answer 7

Some evidence may cause social or personal harm
Example:
1. Evidence that violates relationship of trust,
2. Evidence that suggest party has unfavourable characteristics,
3. Evidence obtained through unlawful or unethical means

Question 8

Can unfair evidence be admitted

Answer 8

Yes it can be admitted granted that, the benefits of the evidence be greater than the potential harm

Question 9

4 step algorithm to assessing admissibility and weight of evidence

Answer 9

1. Is it relevant? if irrelevant its inadmissible
2. Is it Reliable? If very unreliable, it is inadmissible unless necessary and fair. Weight increases with reliability
3. Is it Necessary? if unnecessary, it is inadmissible
   Necessity may override reliability and fairness
4. Is it Fair? If unfair it is admissible granted value exceeds harm

Question 10

3 different types of witness examinations

Answer 10

1. Examination in Chief
2. Cross-Examination
3. Re-examination

Question 11

Examination in Chief

Answer 11

Questioning by party calling witnesses

use open ended questions

Question 12

Cross-examinations

Answer 12

Questioning by party adverse in interest

may ask leading questions

Question 13

Re-examination

Answer 13

Questioning by the party calling the witnesses

Used to clarify or address new issues raised in cross examination