David Isaac
Quiz by , created more than 1 year ago

Quiz for the readings for lecture 8.

4
0
0
David Isaac
Created by David Isaac about 8 years ago
Close

Cross Examination

Question 1 of 15

1

Which of the following is a leading question?

Select one of the following:

  • What did you see next?

  • You saw a car next, didn't you?

Explanation

Question 2 of 15

1

Which of the following can the accused be asked during cross examination?

Select one of the following:

  • Why didn't you just tell the police where you were that night?

  • Why did you say you were out of town the night the murder took place?

  • Did you know the victim?

Explanation

Question 3 of 15

1

Inferences based on the witness's sincerity can be used to accept or reject her evidence.

Select one of the following:

  • True
  • False

Explanation

Question 4 of 15

1

What is the difference between credibility and reliability?

Select one of the following:

  • Credibility is whether the witness is testifying honestly, while reliability is whether the witness's testimony is accurate.

  • Credibility is whether the witness believes what she is saying, whereas reliability is whether there was anything affecting the witness's perception of the events in question.

  • Credibility is whether the witness can be trusted, while reliability is whether there is anything affecting the witness's memory.

Explanation

Question 5 of 15

1

The witness is entitled to refresh her memory while testifying even though the stimulus may not be admissible. .

Select one of the following:

  • True
  • False

Explanation

Question 6 of 15

1

Past Recollection Recorded is admissible when

Select one of the following:

  • It is reliably recorded.

  • The recording was made contemporaneously with the event in question.

  • The witness can verify the document.

  • All of the above.

Explanation

Question 7 of 15

1

The rule in Browne v Dunn is which of the following:

Select one of the following:

  • If counsel intends to call a witness who will not be available for recall at a later date, she must ensure the opposing counsel is aware of this.

  • If counsel intends to rely on present memory revived, she must ensure that the witness does not read the document verbatim.

  • If counsel intends to present evidence contradictory to a witness’s testimony as part of her argument, she must put this version of events to the witness during cross-examination

Explanation

Question 8 of 15

1

Counsel can put a theory to a witness without presenting any evidence to support that theory.

Select one of the following:

  • True
  • False

Explanation

Question 9 of 15

1

What is the modern statement of the collateral facts rule?

Select one of the following:

  • “If the answer of a witness is a matter which you would be allowed on your part to prove in evidence… then it is a matter on which you may contradict him. The matter must be connected with the issue as a matter capable of being distinctly given in evidence, or it must be so far connected with it as to be a matter which, in answered in a particular way, would contradict a part of the witness’s testimony; and if it is neither the one or the other of these, it is collateral"

  • You can’t call evidence to contradict a witness’s answer on a merely collateral matter. Despite the fact that contradicting the witness might be relevant to credibility, the limited probative value is over-whelmed by concerned about trial efficiency and confusion.

Explanation

Question 10 of 15

1

An accused is charged with sexual assault and his sister provides narrative favourable to accused (implies no assault took place). Out of court, sister acknowledges to a constable that she would never testify against accused. The Crown wants to introduce this statement as evidence of the witness's bias. Are they allowed to introduce the evidence?

The statement to the constable is collateral.

Select one of the following:

  • True
  • False

Explanation

Question 11 of 15

1

A collateral matter is understood in terms of its importance and usefulness to the finder of fact.

Select one of the following:

  • True
  • False

Explanation

Question 12 of 15

1

What is the definition of "inconsistency" for the purpose of Prior Inconsistent Statements?

Select one of the following:

  • Two statements that contradict each other.

  • Two statements that contradict each other, either directly or through an inference drawn from them.

  • Could a jury reasonably find that a witness who believed the truth of the facts testified to would have been unlikely to make that prior statement?

Explanation

Question 13 of 15

1

What must counsel do if she wants to introduce a prior inconsistent statement?

Select one of the following:

  • Call the witness's attention to the inconsistency.

  • Make sure the prior inconsistent statement is true.

  • Impeach the witness.

Explanation

Question 14 of 15

1

When can the Crown inquire into facts of an underlying prior conviction?

Select one of the following:

  • After the Crown has introduced evidence about the fact of the accused's prior conviction.

  • When the witness is the accused and has not lead evidence of their own character.

  • When the witness is not the accused.

Explanation

Question 15 of 15

1

What is the difference between expert evidence about a witness's credibility and lay evidence about a witness's credibility?

Select one of the following:

  • Both can be used to impinge credibility of witness.

  • The expert can give opinion on factors which impinge the credibility of a witness and can draw inferences to the witness in question, but the lay person can only give opinion on the factors which impinge credibility.

  • The expert can only give opinion about factors which impinge credibility, but in rare cases the lay person can give opinion about whether they think the witness in question is lying.

Explanation

Previous
Next