Relevance (Building Block of Admissibility) Flashcards
What Promotes rationale and efficient fact find, prevents jury distraction and avoids prolonged trials?
Relevance
Evidence is _____ where it tends to make the existence (or non-existence) of a material fact more (or less) likely.
Relevant
To be receivable does the relevant piece of evidence on its own be self-sufficient?
No, relevance does not equal sufficiency
Relevance is a high threshold to meet?
No
“When we speak of relevance, we are speaking of logical relevance –> Is there a logical relevance to a material fact to make it more/less likely?” - What case is this from?
R v Morris
The Case Tano LOOVES to reference: it is a coherent theory of admissibility, and how Reasonable Reliability and Cultural Competence factor in the relevance
Mitchell v MNR
“For one fact to be relevant to another, there must be a connection or nexus between the two which makes it possible to infer the existence of one from the existence of another.”
True - R v Cloutier and how it is distinguished from R v Morris
Bad Character Evidence can be used for witnesses?
FALSE BCE only matters and is not allowed for the accused
Case about accused shooting victim, who he thought has a gun –> and defence wanted to lead victims criminal record ?
R v Jackson, criminal record was not relevant because there was no logical connection (i.e accused did not not about this record)
Key case for inductive reasoning
R v Munoz
Starts with generalizations and finds evidence to come to that conclusion
Deductive Reasoning
All Toyota’s are blue
James is driving a Toyota
Therefore it is Blue
Deductive Reasoning
X is an out of court statement being led for its truth , therefore X is hearsay
DR
The process of reasoning where experience, logic and observation are applied to the particulars of a case and an inference or conclusion is reached
IR
What case said “the evidence of flight in a murder case is relevant in the issue of identity but not relevant on a measure of culpability”
R v Arcangioli –> The Arcangioli Rule