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Quiz

Credibility of Your Witness

David Isaac 10 Fragen

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Fragen in diesem Quiz (10)

  1. 1What is the major rule of attacking the credibility of your witness?
    1. AYou can't engage in general attacks on the character of your own witness.
    2. BYou can only attack the credibility of your witness if a prior inconsistent statement made by them exists.
    3. CYou can only attack their character if they are hostile.
  2. 2What is hostility at common law?
    1. AWhen a witness is attempting to sabotage the case of the party that called her.
    2. BWhen a witness is not giving evidence fairly with a desire to tell the truth because of a hostile animus toward the party that called her.
    3. CWhen a witness gives evidence inconsistent with that which she has already given.
  3. 3What is the consequence of a finding of hostility?
    1. ACounsel can ask questions about the prior inconsistent statement.
    2. BCounsel can cross examine the witness at large.
    3. CCounsel can impeach the trustworthiness of the witness.
  4. 4A witness who meets with the Crown just before trial for an extended period of time but doesn't advise of any problems can be treated as hostile.
    1. ARichtig
    2. BFalsch
  5. 5The Canada Evidence Act s. 9(1) holds that you can cross examine the witness regarding...
    1. AInconsistencies in recorded statements.
    2. BInconsistencies in written statements
    3. CInconsistencies in oral statements.
  6. 6What is an adverse witness?
    1. AOne who is unfavourable because she takes a position opposite to that of the party calling her.
    2. BOne who takes a position inconsistent with a more favourable position for the party caller her than she held earlier.
    3. COne who says something obviously unreliable in support of the party calling her.
  7. 7R v Figliola (2011 ONCA) holds that in order to cross examine under CEA s. 9(2), counsel must show that...
    1. AThere is a recorded inconsistency that is harmful to the party calling the witness.
    2. BThere is an inconsistency that is harmful to the party calling the witness.
    3. CThere is a written inconsistency between the testimony at trial and the written statement.
  8. 8R v Broyles stands for the proposition that...
    1. ACounsel cannot discuss prior convictions of their own witness until after cross examination.
    2. BThe rule against asking leading questions during examination in chief is very strict, even during the introduction.
    3. CWhen introducing a witness, counsel cannot bolster character to the point that doing so becomes the dominant object of the introduction.
  9. 9According to R v Brooks, a warning about credibility must be given when
    1. AThere is concern about credibility
    2. BThe testimony is important to the Crown's case
    3. CAll of the above
  10. 10According to R v Khela, which of the following is NOT an element of the warning that should be given to jurors where the guilt of the accused rests on the testimony of a single doubtful witness?
    1. ADrawing the attention of the jury to the evidence requiring special scrutiny.
    2. BExplaining why the evidence needs special scrutiny.
    3. CCautioning the jury that it is dangerous to convict on unconfirmed evidence of this sort, but that they can.
    4. DInforming the jury that the persuasive burden is increased in cases resting on a single doubtful witness.
    5. EThat the jury should look for evidence from another source showing that the untrustworthy witness is telling the truth.

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Beschreibung
Quiz on readings for lecture 7.
Sprache
English
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