Theory of Evidence Law

Question 1

What is the general theory of Evidence?

Answer 1

A = U + R2 + (PV>PE)
_______________
CC

Meaning: Admissibility = Usefulness + Reasonable Reliability +Probative Value OUTWEIGHING the Prejudicial Effect / Is there cultural competence

Question 2

What is one of the most significant cases for admissibility? Hint: you wrote a paper on it

Answer 2

Mitchell v MNR

Question 3

What was the issue of in Mitchell v MNR at the sCC

Answer 3

Admissibility and weight of oral histories

Question 4

If the Prejudicial Effect outweighs the probative value, then the evidence may be admitted?

Answer 4

No, the PV must outweigh the PE or it will be excluded

Question 5

Which case started the major changes to the hearsay rule and child witnesses in court?

Answer 5

R v Khan

Then: R v Smith, R v B(KG), R v U (FJ), R v Starr & R v Khelewon

Question 6

In R v Khelawon the court established the “____ Approach” to hearsay

Answer 6

Principled Approach – Hearsay statements can be admitted if they are sufficiently reliable and necessary

Question 7

What case makes it clear that there should be a threshold of reliability before admittance

Answer 7

Mitchell v MNR