Evidence Test

Maria Capricano
Quiz by Maria Capricano, updated more than 1 year ago
Maria Capricano
Created by Maria Capricano over 6 years ago
10
1

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Resource summary

Question 1

Question
A trial is about speaking the truth
Answer
  • True
  • False

Question 2

Question
Prior to the Charter of Rights and Freedoms, the balance was in favour of admissibility of evidence, no matter how it was obtained, as it was the best method for getting at the truth.
Answer
  • True
  • False

Question 3

Question
Since the Charter, the balance has swung towards protection of individual rights, and evidence that has been obtained contrary to certain Charter principles is often excluded, with unpredictable results.
Answer
  • True
  • False

Question 4

Question
Prior to the adoption of the Canadian Charter on Rights and Freedoms in 1982, the common law dealt with illegally or improperly obtained evidence in a very relaxed manner.
Answer
  • True
  • False

Question 5

Question
Basically, there WAS a rule of law or judicial discretion to exclude evidence because of the improper or illegal method by which it was obtained.
Answer
  • True
  • False

Question 6

Question
The general rule of admissibility was that all evidence was
Answer
  • relevant
  • probative
  • true
  • reliable

Question 7

Question
Once the Charter became law, the right to certain legal protections became the law of the land.
Answer
  • True
  • False

Question 8

Question
Everyone, EXCEPT a criminal suspect or an accused became entitled to the protection of the rights contained in the Charter.
Answer
  • True
  • False

Question 9

Question
What two things are still hotly debated in legal circles concerning evidence?
Answer
  • how an accused should be treated in jail
  • how many years should an accused receive for manslaughter
  • balancing of the rights of the individual
  • seeking the truth

Question 10

Question
Which sections of the Charter of Rights and Freedoms contain Legal Rights?
Answer
  • sections 24-32
  • sections 19-23
  • sections 7-14

Question 11

Question
Which section says "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
Answer
  • s.9
  • s.8
  • s.11
  • s.7

Question 12

Question
Which is the search or seizure section?
Answer
  • s.9
  • s.6
  • s.8
  • s.0

Question 13

Question
Everyone has the right not to be arbitrarily detained or imprisoned says which section?
Answer
  • s.9
  • s.2
  • s.12
  • s.10

Question 14

Question
Everyone has the right on arrest or detention to:
Answer
  • be promptly informed of the reason for arrest/detention
  • retain and instruct counsel without delay and to be informed of that right
  • call their mom and tell them that they have just been arrested
  • have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful

Question 15

Question
Which section deals with unreasonable delay, reasonable time, not to be compelled and presumption of innocence until proven guilty?
Answer
  • s.11
  • s.9
  • s.19
  • s.1

Question 16

Question
Cruel and unusual punishment is covered by which section?
Answer
  • s.14
  • s.4
  • s.8
  • s.12

Question 17

Question
Incriminating evidence is covered in section 13:
Answer
  • True
  • False

Question 18

Question
If I don't speak English or French I cannot get someone to help me in court
Answer
  • True
  • False

Question 19

Question
Section 14 deals with foreign languages and people who are hearing impaired.
Answer
  • True
  • False

Question 20

Question
The exclusion of illegally or improperly obtained evidence is an EXTREMELY POWERFUL REMEDY for the violation of constitutional rights.
Answer
  • True
  • False

Question 21

Question
Section 24(2) contains the remedy for exclusion of improperly obtained evidence.
Answer
  • True
  • False

Question 22

Question
What is likely to happen if it is found that the admission of evidence obtained in violation of an accused person's Charter rights?
Answer
  • He could be imprisoned
  • He could be flogged
  • Case could be dismissed
  • He could receive 25 years

Question 23

Question
The exclusionary rule is NOT controversial at all in Canada.
Answer
  • True
  • False

Question 24

Question
Section 24(1) deals with Enforcement
Answer
  • True
  • False

Question 25

Question
For the defence to seek the right to an effective remedy such as exclusion of illegally or improperly obtained evidence, the defence must prove
Answer
  • that the accused's rights or freedoms have been infringed or denied
  • that the evidence was obtained in a manner that infringed or denied that right or freedom
  • that they used force
  • that they threatened the accused

Question 26

Question
The Plaintiff bears the initial burden of presenting evidence and of persuading the judge, on the civil standard of balance of probabilities that a violation of the accused's Charter rights occurred that could not be saved by s.1, the Oakes Test.
Answer
  • True
  • False

Question 27

Question
The first opportunity the Supreme Court of Canada had to analyze s.24(2) and provide guidance to trial judges on its application was in 1987 in the case of
Answer
  • R. v. Mohan
  • R. v. Khan
  • R. v. Collins
  • R. v. Baldree

Question 28

Question
What were the grounds of defence in the R. v. Collins case?
Answer
  • search took place without a warrant
  • no reasonable grounds
  • without identifying the officer

Question 29

Question
Which section of the Charter did they claim was violated?
Answer
  • s.9
  • s.6
  • s.8
  • s.1

Question 30

Question
In the R. v. Collins matter the court of first instance held that
Answer
  • there was a violation of Charter rights, and she was set free
  • there was no violation of Charter rights, but she was convicted
  • there was a violation of Charter rights, but she was convicted

Question 31

Question
In the Collins matter, the Court of Appeal upheld the conviction but this was overturned by the Supreme Court
Answer
  • True
  • False

Question 32

Question
The Collins test had 9 criteria for deciding the admissibility or exclusion of improperly obtained evidence.
Answer
  • True
  • False

Question 33

Question
What are the three categories into which the 9 criteria are divided?
Answer
  • Fairness at Trial
  • Seriousness of the Violation
  • How many persons were convicted
  • Effect of exclusion

Question 34

Question
Name 6 of the Collins criteria
Answer
  • What kind of evidence was obtained?
  • What Charter rights were infringed?
  • Was the violation serious or technical?
  • Was the violation deliberate or inadvertent?
  • Were the circumstances urgent or necessary?
  • is the offence serious?
  • Was anyone else looking?

Question 35

Question
The Collins test was replaced by another in 1997. What was the name of that case?
Answer
  • R. v. Stinchombe
  • R. v. Baldree
  • R. v. Khan
  • R. v. Stillman

Question 36

Question
Why did the Supreme Court look for another case? The Collins test was considered:
Answer
  • confusing and complicated
  • hard and compelling
  • vague and misleading
  • too easy to understand and apply

Question 37

Question
Intervenors were NOT allowed in the Stillman case
Answer
  • True
  • False

Question 38

Question
Mr. Stillman willingly gave the police hair, buccal swab and teeth impressions.
Answer
  • True
  • False

Question 39

Question
Mr. Stillman was set free by both the court of first instance and the Court of Appeal
Answer
  • True
  • False

Question 40

Question
Conscriptive Evidence is evidence that could NOT be collected without the accused person's participation.
Answer
  • True
  • False

Question 41

Question
Non-conscriptive Evidence is evidence that COULD be collected without the accused person's participation.
Answer
  • True
  • False

Question 42

Question
In the Stillman case, the bodily samples were NOT real evidence even though the accused had been compelled by the produce.
Answer
  • True
  • False

Question 43

Question
Examples of conscriptive evidence would be
Answer
  • forced confession
  • DNA sample
  • a gun

Question 44

Question
Examples of non-conscriptive evidence would be
Answer
  • a buccal swab
  • hair follicles
  • a gun
  • drugs

Question 45

Question
What other factors did the court list to support the fact that the evidence was improperly obtained?
Answer
  • the breach was very serious
  • the police used threat of force and intrusive measures
  • there was a blatant disregard of the lawyer's letter and ignored the fundamental rights of the youth
  • they did not ask the youth nicely

Question 46

Question
The tissue was not conscripted evidence because the police FORCED the accused to produce it.
Answer
  • True
  • False

Question 47

Question
The tissue in Stillman's case was admissible.
Answer
  • True
  • False

Question 48

Question
The wording of section 24(2) calls for a review of all the circumstances and what appears to be recommended by many of the academics is the return to the balancing as initially envisioned by the drafters of the Charter. The Stillman approach was criticized for not providing this balance.
Answer
  • True
  • False

Question 49

Question
The Stillman case was replaced by the R. v. Grant case in 2009.
Answer
  • True
  • False

Question 50

Question
Before the 2009 decision in R. v. Grant, the distinction between conscriptive and non-conscriptive evidence was really important.
Answer
  • True
  • False

Question 51

Question
If the evidence was classified as conscriptive, it was almost certainly excluded pursuant to s24(2) of the Charter because the law held that admitting conscriptive evidence obtained in violation of the accused's Charter rights made the trial unfair.
Answer
  • True
  • False

Question 52

Question
What were the concerns raised in light of the 2009 Grant case?
Answer
  • that the jurisprudence developed a quasi-automatic exclusionary rule
  • that the courts appear to distinguish between a hierarchy of rights rather than a balance of rights
  • that the accused had no rights

Question 53

Question
A criminal action is started by laying an information.
Answer
  • True
  • False

Question 54

Question
The two types of evidence are
Answer
  • Direct
  • Indirect
  • Oral
  • Audio

Question 55

Question
Indirect Evidence is also called:
Answer
  • Documentary
  • Real
  • Circumstantial

Question 56

Question
Evidence can be introduced in one of three ways.
Answer
  • True
  • False

Question 57

Question
Which of the following ways is NOT a way that evidence can be introduced into court:
Answer
  • Directly
  • Orally
  • Documentary
  • Real

Question 58

Question
Direct evidence can be Oral or Real
Answer
  • True
  • False

Question 59

Question
Oral evidence is the most common type of direct evidence.
Answer
  • True
  • False

Question 60

Question
Real evidence is only receivable if the following four criteria are met:
Answer
  • relevant to the matters in issue
  • identified as genuine, and therefore
  • authenticated, and be
  • connected tot he issues before the court
  • known by every body even the jury

Question 61

Question
Circumstantial Evidence is also known as Indirect Evidence
Answer
  • True
  • False

Question 62

Question
Circumstantial evidence does NOT require an inference to get from the evidence to a material fact.
Answer
  • True
  • False

Question 63

Question
A document must be authenticated by either
Answer
  • calling on the newspaper that printed it
  • calling the writer as a witness
  • calling a witness to the document's preparation, or
  • calling a handwriting expert or expert in typeface

Question 64

Question
There are three ways that courts assess the admissibility of photographs and videos
Answer
  • True
  • False

Question 65

Question
The three ways in which courts assess the admissibility of photographs and videos are
Answer
  • calling the witness
  • their accuracy
  • their fairness and absence of potential to mislead
  • verification of a witness that they are what they purport to be

Question 66

Question
Consciousness of Guilt is a term given to the behaviour of an accused that may be admitted as evidence that he was behaving in a guilty manner.
Answer
  • True
  • False

Question 67

Question
Subsequent Remediation or Repair is NOT the civil equivalent to consciousness of guilt.
Answer
  • True
  • False

Question 68

Question
The courts are careful about accepting evidence of subsequent repair for two main reasons:
Answer
  • evidence lacks relevance
  • it is argued on policy grounds that if evidence of subsequent remedial measures
  • everybody knows they did it

Question 69

Question
What is the best evidence rule?
Answer
  • ...that secondary evidence, such as a copy or fax, will not be admissible if an original document exists
  • ... that real evidence, such pictures of a gun or knife will not be admissible

Question 70

Question
Section 31.2(1)(2) of the Canadian Evidence Act is where provisions for the Best Evidence Rule is found
Answer
  • True
  • False
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