Relevance (Building Block of Admissibility) Flashcards

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1
Q

What Promotes rationale and efficient fact find, prevents jury distraction and avoids prolonged trials?

A

Relevance

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2
Q

Evidence is _____ where it tends to make the existence (or non-existence) of a material fact more (or less) likely.

A

Relevant

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3
Q

To be receivable does the relevant piece of evidence on its own be self-sufficient?

A

No, relevance does not equal sufficiency

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4
Q

Relevance is a high threshold to meet?

A

No

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5
Q

“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?

A

R v Morris

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6
Q

The Case Tano LOOVES to reference: it is a coherent theory of admissibility, and how Reasonable Reliability and Cultural Competence factor in the relevance

A

Mitchell v MNR

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7
Q

“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.”

A

True - R v Cloutier and how it is distinguished from R v Morris

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8
Q

Bad Character Evidence can be used for witnesses?

A

FALSE BCE only matters and is not allowed for the accused

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9
Q

Case about accused shooting victim, who he thought has a gun –> and defence wanted to lead victims criminal record ?

A

R v Jackson, criminal record was not relevant because there was no logical connection (i.e accused did not not about this record)

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10
Q

Key case for inductive reasoning

A

R v Munoz

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11
Q

Starts with generalizations and finds evidence to come to that conclusion

A

Deductive Reasoning

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12
Q

All Toyota’s are blue
James is driving a Toyota
Therefore it is Blue

A

Deductive Reasoning

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13
Q

X is an out of court statement being led for its truth , therefore X is hearsay

A

DR

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14
Q

The process of reasoning where experience, logic and observation are applied to the particulars of a case and an inference or conclusion is reached

A

IR

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15
Q

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”

A

R v Arcangioli –> The Arcangioli Rule

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16
Q

True or False, after the fact conduct is inadmissible

A

False, after the fact conduct, is admissible, if it is a relevant fact and can logically lead to a conclusion being made.

17
Q

When assessing this, we are examining THE STRENGTH OF THE INFERENCE OR LOGICAL CONNECTION between the proposed evidence and a fact of consequence to the action or charge or defence

A

Probative value

18
Q

What test is concerned with the potential PE of the evidence?

A

R v Seaboyer