Fundamental Principles (Ch. 4) Flashcards
What is the Threshold Test for determining when it comes to evidence?
Making sure evidence is relevant and material
A fact that relates to any matter in dispute between parties is what type of fact?
Material fact
If evidence is not connected to the case it is considered what?
Immaterial
A fact that logically supports proof of a material fact is called what?
A relevant fact (must have a logical connection)
What is “conditional relevance” of evidence?
evidence that may not initially appear relevant, but is admitted on condition that its relevance will be established (usually based on a chain of events)
When weighing the importance of evidence, the most important evidence has the most…
Probative value
What is “probative value” in regards to evidence?
The degree to which a potential piece of evidence helps prove a proposition
When deciding if the evidence is believable, what two criteria are looked at?
- credibility (determined through testimony)
- reliability (how accurate)
What is prejudicial effect?
The degree to which admitting evidence threatens the fairness of the trial (not a rule, part of judge’s discretionary duty)
Evidence given by a witness about a material fact that the witness experienced is what type of evidence?
Direct evidence
Indirect evidence from which the trier of fact can logically infer the existence of a material fact is what type of evidence?
Circumstantial evidence
(trier of fact must make a jump to reach the determination of the material fact)
What test must direct evidence pass?
The test of materiality
What test must circumstantial evidence pass?
- material test
- relevance
The behaviour of the accused after the alleged act is called what?
Post-offence conduct
Why should you not refer to post-offence conduct as “consciousness of guilt”?
It confuses the jury and makes them think the person is guilty - refer to it as “post-offence conduct”
R v White
The decision of a criminal case can be brought to a civil case as what?
Prima facie proof of the act
