The Couse Of Evidence

Question 1

Age of Oaths and Affirmations

Answer 1

12 and over must take oath or affirmation

Under 12-
Informed by judge importance of telling the truth and not telling lies
After being given info promise to tell truth before giving evidence

Question 2

Leading Question Definition

Answer 2

Directly or Indirectly suggest a particular answer to a question

Question 3

Refresh memory in court

Answer 3

Leave of judge obtained
Document shown to every other party in the proceeding
Document made or adapted by the witness at a time when his memory was fresh

Question 4

Refreshing memory out of court

Answer 4

May refresh memory by reference to statements, briefs of evidence or a deposition statement prepared on the basis of statements which may have been made some moths before

Question 5

Previous consistent statement rule admissible

Answer 5

Responds to a challenge that has been made to the witness veracity of accuracy based on a previous inconsistent statement
Forms integral part of the events before the court
Consists of a mere fact that a complaint has been made in a criminal case

Question 6

Hostile Witness Questions

Answer 6

Leading
Questions designed to probe accuracy of memory and perception
Questions as to prior inconsistent statements
Challenges to veracity including evidence from other witnesses “substantially helpful”

Question 7

Hostile Witness Definition

Answer 7

Exhibits or appears to exhibit lack of veracity when giving evidence unfavorable to the party who called the witness
Gives evodence inconsistent with a statement made by the witness. Exhibits or appears to exhibit intention to be unhelpful to the party who called the witness
Refuses to answer questions and deliberately withholds evidence

Question 8

Purpose of Cross-Examination

Answer 8

Elicit info supporting case of the party conducting cross-examination
Challenge accuracy of the testimony given in evidence in chief

Question 9

Unacceptable questions

Answer 9

Improper
Unfair
Misleading
Needlessly repetitive
Language to complicated

Judge will take into account
Age and maturity of witness
Impairments
Linguistic cultural or religious beliefs
Nature of proceeding
Hypothesis will be proved

Question 10

Limits on re-cross examination

Answer 10

After cross examination of opposing counsel, party who called witness may re-examine the witness for the purpose of clarifying or qualifying any issues raised in cross-examination but not question on any other matter

If additional evidence allowed parties are able to cross examine on additional evidence and judge may allow further re-examination of matters arising out of cross examination

Question 11

Evidence in rebuttal

Answer 11

Leave may be given to prosecution of further evidence
- related to purely formal matter
- relates to a matter arising out of the conduct of the defense, the relevance of which could not reasonably have been foreseen
- was not available or admissible before prosecution case was closed
- is required to be admitted in the interest of justice for any other resin

Question 12

Address judge

Answer 12

Your honor or sir/ma’am