Evidence

Question 1

What does PICT stand for?

Answer 1

P - preserve evidence
I - identify evidence
C - collect evidence
T - tender evidence

Question 2

What is mens rea?

Answer 2

Intention to commit the act (state of mind)

Question 3

What is actus reus?

Answer 3

Act prohibited or forbidden by law (physical act of committing the crime)

Question 4

What are you 3 elements of good note-taking?

Answer 4

Tour of Duty
Procedures
Investigations

Question 5

Who will see our notes?

Answer 5

Internal
Judicial Process
Outside Agencies

Question 6

Rules of note taking:

Answer 6

Contemporaneous
Consistent
Thorough
Accurate
Detailed

Question 7

The case that stipulated all evidence must be disclosed by the Crown?

Answer 7

R vs. Stinchcombe

Question 8

What types of things constitute evidence?

Answer 8

1. Testimony.
2. Documents.
3. Real (objects)

Question 9

Direct evidence (Testimony)

Answer 9

Witnesses communicate evidence based on their five senses.

Question 10

Hearsay Evidence (Testimony)

Answer 10

Evidence that has been told to a witness by others rather than what the witness has observed experienced directly

Question 11

What is res gestae?

Answer 11

Spontaneous utterances

Question 12

Competent Witness

Answer 12

Someone that has the capacity to provide evidence

Question 13

Compellable witness

Answer 13

Someone who is obligated or required to give evidence

Question 14

Khan Principle

Answer 14

Evidence allowed as it meets the necessity and reliability test

Question 15

Real evidence

Answer 15

Something tangible that you can touch

Question 16

Documentary evidence

Answer 16

Documents that help support the facts in issue

Question 17

Corroboration

Answer 17

Independent evidence that tends to support another piece of evidence to prove fact in issue

Question 18

Circumstantial evidence

Answer 18

In furs or suggest that some fact is true from the existence of other proven facts

Question 19

Presumption of fact

Answer 19

A logical conclusion which may be drawn from circumstantial evidence, based on reason and common sense

Question 20

Presumption of law

Answer 20

Set out and located within the statute.
Can be arguable (rebuttal), or non-arguable (irrebuttable)