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FSC360 > Introductory Overview of Evidence Law > Flashcards

Introductory Overview of Evidence Law Flashcards

1
Q

What is evidence?

A

Proof

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2
Q

Why is evidence admitted into court?

A

It is relevant to a fact in issue or legal argument

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3
Q

Who can submit evidence?

A

Both the prosecution and defence

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4
Q

What evidence should be admitted?

A

All relevant evidence

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5
Q

What is the trier of fact?

A

Could be a judge or jury

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6
Q

What is the job of the trier of fact?

A

To decide what the facts are after hearing all of the available evidence.

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7
Q

What are the two types of evidence?

A

Direct and circumstantial

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8
Q

Which type of evidence, direct or circumstantial, is given more weight in trial?

A

Neither. Both are considered equal.

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9
Q

What is direct evidence?

A

What witnesses saw or heard directly.

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10
Q

What is circumstantial evidence?

A

Indirect evidence relied upon to draw logical conclusions.

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11
Q

What is important for jurors to keep in mind about circumstantial evidence, as set out in R. v. Villaroman?

A

The issue is whether guilt is the only reasonable inference, not the strongest reasonable inference to be drawn from the circumstantial evidence. An accused is entitled to an acquittal if there are reasonable inferences other than guilt, even if such alternative inferences are not as strong or compelling as an inference of guilt

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12
Q

What must evidence be in order to be admitted into court?

A

Relevant
Material
Not barred by rules of admissibility
Not subject to discretionary exclusion

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13
Q

What are the three grounds for excluding evidence on the basis of prejudice?

A
  1. Moral prejudice
  2. Logical prejudice
  3. Time prejudice
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14
Q

What is moral prejudice?

A

Evidence that has the potential in creating outrage in the trier of fact and could influence them to make an emotional decision.

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15
Q

What is an example of moral prejudice?

A

Unnecessarily graphic photos of the crime scene.

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16
Q

What is logical prejudice?

A

Evidence that will suggest improper inferences to the trier of fact.

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17
Q

What is an example of logical prejudice?

A

Evidence of past bad acts not at issue in the trial

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18
Q

What is time prejudice?

A

Evidence that consumes too much time and resources, which is minor in nature and has the potential to confuse the trier of fact from the main issues.

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19
Q

What are the 5 main arguments to have evidence excluded?

A
  1. Not relevant
  2. Unduly prejudicial
  3. Presumptively inadmissible
  4. Excluded by rules in statute
  5. Charter violation
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20
Q

What is the key to keep in mind about a fair trial?

A

Not a perfect trial.
Interests of the accused must be balanced with community

21
Q

What is the primary evidence rule?

A

All relevant or probative evidence is admissible unless unduly prejudicial

22
Q

Who has the discretion when determining if evidence is relevant?

A

The judge

23
Q

What is relevance of evidence based on?

A

Logic/common sense and human experience.

24
Q

What is admissibility?

A

Whether the proposed evidence should or should not be admitted into court.

25
Q

What is weight?

A

The probative value of the piece of evidence based on its reliability and its context given the totality of all of the evidence.

26
Q

What does probative mean?

A

Helps to prove a fact or matter in issue

27
Q

What are the three types of evidence that can be presented in court?

A

Oral evidence
Physical evidence
Documentary evidence

28
Q

What is viva voce evidence?

A

Oral
Testimony from a witness, under oath and in court

29
Q

What is physical evidence?

A

Exhibit (actual objects)

30
Q

Give examples of physical evidence.

A

Crime scene photos
DNA
Alleged weapon
Audio recordings
YouTube videos

31
Q

What is documentary evidence?

A

Written documents

32
Q

Give examples of documentary evidence.

A

Business records, affidavits

33
Q

What are the two criteria a witness must meet in order to testify?

A

Competent and compellable

34
Q

What are the four capacities of being competent to testify?

A
  1. Perceive
  2. Remember
  3. Communicate
  4. Understanding of obligation to tell the truth and that lying would have legal consequences
35
Q

What does it mean for a witness to be compellable?

A

The witness can be legally forced to testify via subpoena (practically everyone)

36
Q

What are exceptions to being compellable?

A

Spouses (with certain exceptions)
Accused (protects from self-incrimination)
Co-accused charged on same information

37
Q

What does section 11(c) of the charter state?

A

Any person charged with an offence has the right not to be compelled to be a witness in proceedings against that person in respect of the offence.

38
Q

Is s. 11(c) of the Charter the same as the common law caution on arrest?

A

No.

39
Q

What are the three required features of admissible oral evidence?

A
  1. Under oath or sworn
  2. Opposite party may cross-examine witness
  3. Trier of fact is able to observe witness.
40
Q

What are the three stages of testimony?

A
  1. Examination-in-chief
  2. Cross-examination
  3. Re-examination
41
Q

Differentiate between credibility and reliability in the witness.

A

Credibility = believability
Reliability = accuracy

42
Q

Give an example of how a witness can be credible but not reliable.

A

Eyewitness misidentification

43
Q

What did Palmer v. The Queen establish about fresh evidence?

A
  1. Evidence should generally not be admitted if, by due diligence, it could have been adduced at trial.
  2. The evidence must be relevant
  3. The evidence must be credible
  4. It must be such that if believed it could reasonable be expected to have affected the result.
44
Q

What fresh evidence was introduced in the Steven Truscott case?

A

New forensic pathology and entomology evidence relating to time of death and showing that Truscott did not have the opportunity to commit the murder.

45
Q

What fresh evidence was introduced in the David Milgaard case?

A

New evidence showing that a serial sexual predator with a similar modus operandi as what occurred in the murder was living near the crime scene at the relevant time. Later proven by DNA.

46
Q

What fresh evidence was introduced in the Guy Paul Morin case?

A

New DNA evidence excluding Morin as the source of the semen on the deceased’s underwear.

47
Q

What fresh evidence was introduced in the Maria Shepherd case?

A

New forensic pathology evidence that the expert witness (Dr. Charles Smith) provided misleading and incorrect expert testimony in the area of forensic pathology.

48
Q

What fresh evidence was introduced in the Romeo Phillion case?

A

Disclosure issues. New evidence supporting Phillion’s alibi that he was out of town at the time of the murder was not disclosed by police to the Crown.

49
Q
A

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