Prepare and Present Court Evidence

Question 1

What is “Hearsay Evidence”?

Answer 1

Evidence which is based not on a witness’
personal knowledge but on matters told to
him/her by another person

Question 2

What is “Direct Evidence”

Answer 2

-type of evidence applied directly to the facts in issue
– evidence that a witness can testify to because he has experienced it with his senses

Question 3

What is “Indirect Evidence”?

Answer 3

-presentation of facts & exhibits which lead to a logical inference
– the evidence must establish a complete or unbroken chain of facts which would
irresistibly lead the ordinary person person to believe it, beyond a reasonable doubt

Question 4

What is “Circumstantial Evidence?” (also known as indirect evidence)

Answer 4

The presentation of facts & exhibits which lead to a logical inference

Question 5

What is a “Perjury?”

Answer 5

Telling an untruth in court
-s133 CCC

Question 6

What is “Evidence of Bad Character?”

Answer 6

Proving the accused is the type of person to commit the offence, is generally inadmissible

Question 7

What is “Prima facie” mean?

Answer 7

Evidence, if not rebutted,
would be sufficient to prove a fact or an
offence - face value

Question 8

What are the rules of best evidence?

Answer 8

Evidence as presented must be the best
available and if the original evidence is
available, it must be used

Question 9

Where are the rules of evidence found?

Answer 9

The Canadian Evidence Act
The Evidence Act, SK
Case Law
Miscellaneous sections of various statutes

Question 10

What are the two issues involved when putting on a trail?

Answer 10

1. An offence has been committed
2. The defendant is the person or one of the persons who committed it

Question 11

What are the 3 types of admissible evidence?

Answer 11

Testimony
Documentary
Real

Question 12

When the accused pleads “Not guilty” to a
charge, there are 2 sets of facts which
become in issue. What are they?

Answer 12

1) The facts, or the essential elements of
the crime charged; and
2) The facts which the defendant sets up in support of his defense to the charge.

Question 13

What is the “Burden of Proof?”

Answer 13

The standard of evidence required to validate a criminal conviction in most legal systems (no other logical conclusion other than the defendant committed the crime)

Question 14

When the burden of proof placed upon the Crown what are they proving?

Answer 14

Beyond a reasonable doubt

Question 15

How do you prove the facts in a case?

Answer 15

1. Types of Evidence
2. Presumptions (ideas taken to be true
   but not known for certain)
3. Judicial Notice (allows a fact or
   information to be introduced into evidence
   that is so well known that it is generally
   accepted by the judge)

Question 16

What are the 2 types presumptions?

Answer 16

-presumptions of law
-presumptions of fact

Question 16

What are “Presumptions of the Fact?”

Answer 16

rational inferences or conclusions which may be drawn from circumstantial evidence presented

Question 17

What are “Presumptions of the Law?”

Answer 17

set out by statute that the courts are obliged to draw unless the statute makes it permissive (accepting of something) - permits that surpass legislation

Question 18

What are “Irrebuttable Presumptions?”

Answer 18

Ignorance of the law by a person who commits an offence is not an excuse for committing that offence
s19 of the CCC

Question 19

What are “Judicial Notices?”

Answer 19

The court may take notice and accept a fact, as proved, without its being proven ex. February has 28 days

Question 20

What are “Rebuttable Presumptions of the Law”

Answer 20

Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility until the contrary is proved
s16(4) CCC

Question 21

What is “Corroboration?”

Answer 21

independent evidence which confirms not
only that the offence was committed
(material to the facts of the case), but that
the accused committed it or probably
committed it

Question 22

What is “Independent Evidence?”

Answer 22

New evidence from another source

Question 23

What is “Material Evidence?”

Answer 23

shows offence was committed and implicates the accused

Question 24

What are examples of Corroboration Desirable?

Answer 24

-Evidence of accomplices
-Evidence of person of low moral character
-All cases

Question 25

What evidence may be produced if the original or “best” is not available?

Answer 25

Secondary evidence

Question 26

What is “Res Gestae?”

Answer 26

spontaneous acts or words made immediately before, during or after an incident that are so closely related to the incident that they explain, add to, or form part of the incident.

Question 27

What is a “Voir dire?”

Answer 27

usually required to enter res gestae
(trial within a trial to allow evidence to be used