6702927
Description
Quiz by David Isaac, updated more than 1 year ago
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Created by David Isaac
over 7 years ago
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Question 1
Question
What is the major rule of attacking the credibility of your witness?
Answer
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You can't engage in general attacks on the character of your own witness.
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You can only attack the credibility of your witness if a prior inconsistent statement made by them exists.
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You can only attack their character if they are hostile.
Question 2
Question
What is hostility at common law?
Answer
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When a witness is attempting to sabotage the case of the party that called her.
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When 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.
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When a witness gives evidence inconsistent with that which she has already given.
Question 3
Question
What is the consequence of a finding of hostility?
Answer
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Counsel can ask questions about the prior inconsistent statement.
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Counsel can cross examine the witness at large.
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Counsel can impeach the trustworthiness of the witness.
Question 4
Question
A 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.
Answer
- True
- False
Question 5
Question
The Canada Evidence Act s. 9(1) holds that you can cross examine the witness regarding...
Answer
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Inconsistencies in recorded statements.
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Inconsistencies in written statements
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Inconsistencies in oral statements.
Question 6
Question
What is an adverse witness?
Answer
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One who is unfavourable because she takes a position opposite to that of the party calling her.
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One who takes a position inconsistent with a more favourable position for the party caller her than she held earlier.
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One who says something obviously unreliable in support of the party calling her.
Question 7
Question
R v Figliola (2011 ONCA) holds that in order to cross examine under CEA s. 9(2), counsel must show that...
Answer
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There is a recorded inconsistency that is harmful to the party calling the witness.
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There is an inconsistency that is harmful to the party calling the witness.
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There is a written inconsistency between the testimony at trial and the written statement.
Question 8
Question
R v Broyles stands for the proposition that...
Answer
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Counsel cannot discuss prior convictions of their own witness until after cross examination.
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The rule against asking leading questions during examination in chief is very strict, even during the introduction.
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When introducing a witness, counsel cannot bolster character to the point that doing so becomes the dominant object of the introduction.
Question 9
Question
According to R v Brooks, a warning about credibility must be given when
Answer
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There is concern about credibility
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The testimony is important to the Crown's case
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All of the above
Question 10
Question
According 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?
Answer
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Drawing the attention of the jury to the evidence requiring special scrutiny.
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Explaining why the evidence needs special scrutiny.
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Cautioning the jury that it is dangerous to convict on unconfirmed evidence of this sort, but that they can.
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Informing the jury that the persuasive burden is increased in cases resting on a single doubtful witness.
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That the jury should look for evidence from another source showing that the untrustworthy witness is telling the truth.
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