Courtroom Procedures Test 2 Flashcards
What two things must you establish when taking the stand in court?
Identify the person that committed the offense.
Establish your jurisdiction.
Statues and rules that determine facts that may be established
Case Law
Canada Evidence Act
Evidence Act, SK
Misc. sections of various statutes
Criminal offences must be proven by this standard
Beyond a reasonable doubt
Examples of Testimonial evidence
Witness
Officer
Expert
Examples of Documentary evidence
Certifications, Permits, Identifications
Examples of Real evidence
Includes photographs, casings
Definition of “Prima Facia” case
A case based on its face value. If the evidence is not rebutted, it would be sufficient to prove a fact or an offence.
What is an exparte trial.
Accused does not show up at court, trial proceeds.
Two types of evidence
- Direct (Testimony or Real)
- Indirect (Circumstantial - Facts that lead to a logical inference, like video footage of the suspect in the area)
What is the Hodges Rule in convictions?
English Case law 1838 - Based solely on circumstantial evidence. If there is any other rational explanation, you will not be convicted.
Two types of presumptions in court
Presumptions of Fact - Rationale inferences or conclusions (i.e. capable of being disproven)
Presumptions of Law - Presumptions set by statute that courts are obliged to draw (i.e. certain snares are illegal, but with certain permits are legal)
What is judicial notice?
Accepting a fact as proven (There’s seven days in a week, Moose is a big game animal)
What is an “Agreed statement of fact”
When the accused and prosecution agree to a set of facts. Presumably to argue in court that they would be cleared by presumption of law.
What is corroboration
Independent evidence which confirms not only that the offence was committed, but that the accused committed it or probably committed it.
What is relevancy?
Evidence being tendered to court must have a bearing on the case being tried
What is hearsay evidence and why is it not allowed?
Evidence not based on a witness’s knowledge, but on matters told by a 3rd party.
Not allowable in court bc it’s hard to prove (Must list one or two reasons - Accuracy may be skewed, not under oath, demeanor not witnessed, unable to cross-examine)
Definition of Res Gestae
- Spontaneous acts or words made immediately before, during or after an incident that are so closely related to the incident that they explain or form part of the incident.
- Blurted out statements closely connected to the event - like I’m sorry or I didn’t mean to start that fire.
- Voir dire required to enter (trial within a trial)
What is opinion evidence?
A witness may express his opinion regarding matters about which only he would know. (eg. sufficiency of light to see a certain distance,
Wetness of the road)
When an accused is put on trial, what two issues are involved?
An offence has been committed, and the defendant is the person who committed that offence.
What are the essential elements that must be established? “Elements of the Offence”
- Who committed the offence
- The jurisdiction
- When the offence took place
- What crime was committed
If you cannot provide the original document what must you obtain to meet the “Best evidence rule”
True certified copy.
T/F - When a witness gives evidence, he may be cross-examined about their criminal record to attack his credibility (Bad Character)
True.
Evidence of previous convictions may be entered as relevant during SENTENCING.
True
T/F - Evidence of bad character, simply to prove the accused committed the offence is generally inadmissible
True.
It may only be used if the accused takes the stand.
