Courtroom Procedures Test 2

Question 1

What two things must you establish when taking the stand in court?

Answer 1

Identify the person that committed the offense.
Establish your jurisdiction.

Question 2

Statues and rules that determine facts that may be established

Answer 2

Case Law
Canada Evidence Act
Evidence Act, SK
Misc. sections of various statutes

Question 3

Criminal offences must be proven by this standard

Answer 3

Beyond a reasonable doubt

Question 4

Examples of Testimonial evidence

Answer 4

Witness
Officer
Expert

Question 5

Examples of Documentary evidence

Answer 5

Certifications, Permits, Identifications

Question 6

Examples of Real evidence

Answer 6

Includes photographs, casings

Question 7

Definition of “Prima Facia” case

Answer 7

A case based on its face value. If the evidence is not rebutted, it would be sufficient to prove a fact or an offence.

Question 8

What is an exparte trial.

Answer 8

Accused does not show up at court, trial proceeds.

Question 9

Two types of evidence

Answer 9

• Direct (Testimony or Real)
• Indirect (Circumstantial - Facts that lead to a logical inference, like video footage of the suspect in the area)

Question 10

What is the Hodges Rule in convictions?

Answer 10

English Case law 1838 - Based solely on circumstantial evidence. If there is any other rational explanation, you will not be convicted.

Question 11

Two types of presumptions in court

Answer 11

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)

Question 12

What is judicial notice?

Answer 12

Accepting a fact as proven (There’s seven days in a week, Moose is a big game animal)

Question 13

What is an “Agreed statement of fact”

Answer 13

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.

Question 14

What is corroboration

Answer 14

Independent evidence which confirms not only that the offence was committed, but that the accused committed it or probably committed it.

Question 15

What is relevancy?

Answer 15

Evidence being tendered to court must have a bearing on the case being tried

Question 16

What is hearsay evidence and why is it not allowed?

Answer 16

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)

Question 17

Definition of Res Gestae

Answer 17

• 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)

Question 18

What is opinion evidence?

Answer 18

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)

Question 19

When an accused is put on trial, what two issues are involved?

Answer 19

An offence has been committed, and the defendant is the person who committed that offence.

Question 20

What are the essential elements that must be established? “Elements of the Offence”

Answer 20

• Who committed the offence
• The jurisdiction
• When the offence took place
• What crime was committed

Question 21

If you cannot provide the original document what must you obtain to meet the “Best evidence rule”

Answer 21

True certified copy.

Question 22

T/F - When a witness gives evidence, he may be cross-examined about their criminal record to attack his credibility (Bad Character)

Answer 22

True.

Question 23

Evidence of previous convictions may be entered as relevant during SENTENCING.

Answer 23

True

Question 24

T/F - Evidence of bad character, simply to prove the accused committed the offence is generally inadmissible

Answer 24

True.

It may only be used if the accused takes the stand.