Test 2 Review Flashcards
What is the Rule Against Oath Helping?
- evidence adducted solely for the purpose of proving that a witness is truthful is inadmissible
- applicable to expert witnesses
What type of case does the Rule Against Oath Helping not apply to?
- an accused person testifying in a criminal proceeding
What is an exception to the Rule Against Oath Helping?
- to bolster the credibility of a witness whose credibility has been attacked
- can only be responsive to the nature of the attack - i.e. the witnesses honesty is attacked, the evidence can only support the witness’s honesty, not how kind and caring they are
What stance does the court take in regards to witness testimony when it comes to the Rule Against Oath Helping?
- witnesses should have their testimony evaluating on its own without the need for another witness to bolster that testimony
An action, behavior, or course of conduct that conveys information to others is called?
An implied statement
The potential for a trier of fact to give evidence more weight than it deserves is known as:
Prejudice
The SCC developed a four criteria to determine if a witness is qualified as an expert in which case?
R v Mohan
The SCC determined the framework for considering the admissibility of hearsay evidence in which case?
R v Khelawon
A fact that relates to any matter in dispute between parties:
Material fact
A fact that logically supports proof of a material fact:
Relevant fact
A term describing evidence that may not initially appear relevant but is admitted on condition that its relevance will be established
Conditional relevance
The degree to which a potential piece of evidence helps prove a proposition; the value or strength of a fact in proving what the party seeks to establish
probative value
What is the role of the trier of fact?
- weighs all admissible evidence
- assess the credibility and reliability of witnesses and evidence
- renders a verdict
If hearsay evidence does not fall under a hearsay exception, it may still be admitted if:
- reliability and necessity are established in a voir dire
Daniel witnesses a traffic accident and says to Elaine, “Wow, that guy did not stop at the red light.” His statement is an example of:
A statement of present sense impression
A statement regarding a person’s perception of their immediate physical surroundings or actions:
Present impression
Carrie testified that she saw the accused stealing the goods from the store. This is an example of:
Direct evidence
Evidence of past acts to prove that a person acted in a certain way
Character evidence
real evidence
res gestae
When is opinion evidence admissibile?
- the opinion of an expert
- the opinion of a layperson that is helpful for a clear understanding of their testimony
