David Isaac
Quiz por , criado more than 1 year ago

Quiz on the readings for lecture 6.

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David Isaac
Criado por David Isaac aproximadamente 8 anos atrás
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Oath Helping and Prior Consistent Statements

Questão 1 de 12

1

What is the general rule against oath-helping?

Selecione uma das seguintes:

  • Parties are not allowed to lead evidence to establish the credibility of that witness.

  • Parties are not allowed to lead evidence with the sole purpose of establishing the credibility of that witness.

  • Parties are not allowed to ask questions unrelated to the issue in order to establish the credibility of the witness.

Explicação

Questão 2 de 12

1

What is the general rule against prior consistent statements?

Selecione uma das seguintes:

  • A statement made at some point in the past consistent with the witness's testimony at trial is not admissible to enhance that witness's testimony.

  • A statement made by someone other than the witness that corroborates the witness's testimony is not admissible for the purpose of supporting that witness's testimony.

  • A prior consistent statement is inadmissible, unless its probative value with regards for the truth of the statement is high.

Explicação

Questão 3 de 12

1

Which of the following is NOT an exception to the rule against prior consistent statements?

Selecione uma das seguintes:

  • When a prior consistent statement forms part of a narrative.

  • When a prior consistent statement supports a witness's prior identification of a person.

  • When a prior consistent statement is probative of the trustworthiness of the witness.

Explicação

Questão 4 de 12

1

R v Tat (1997 ONCA) stands for the proposition that...

Selecione uma das seguintes:

  • The probative value of prior consistent statements identifying a person lies in the fact that the witness was able to identify the person in court.

  • Without being able to identify the accused in court, the witness must be able to point to a prior consistent statement where she did identify the witness.

  • When a witness identifies the accused in court, evidence that the witness previously identified the accused is admissible to permit both parties to explore the reliability of the identification.

Explicação

Questão 5 de 12

1

What is a recent fabrication?

Selecione uma das seguintes:

  • Where what the witness says at trial is inconsistent with what the witness said earlier.

  • Where what the witness says at trial is alleged to have been influence by something that happened after the events at issue.

  • Where the witness has fabricated the statement out of a motive to lie.

Explicação

Questão 6 de 12

1

Allegations of recent fabrication must be express.

Selecione uma das opções:

  • VERDADEIRO
  • FALSO

Explicação

Questão 7 de 12

1

According to R v Stirling, prior consistent statements have probative value when...

Selecione uma das seguintes:

  • They illustrate that the witness's story was the same before a motive to fabricate arose.

  • They illustrate that a witness has never changed their mind, even in the face of contradictory evidence.

  • They illustrate that a witness has maintained the truth of her statement.

Explicação

Questão 8 de 12

1

Prior consistent statements of the accused...

Selecione uma das seguintes:

  • Are treated the same as any other prior consistent statement.

  • Are probative unless they are obviously self-serving.

  • Work against allegations of recent fabrication as levied against a defendant.

Explicação

Questão 9 de 12

1

According to R v Edgar (2010 ONCA), a spontaneous exculpatory statement made by the accused...

Selecione uma das seguintes:

  • Can be admitted as an exception to the general rule against prior consistent statements, provided the accused testifies and is open to cross-examination.

  • Is captured by the general rule against prior inconsistent statements.

  • Is admissible only if it is made within 24 hours of the event at issue.

Explicação

Questão 10 de 12

1

The "coherent narrative" exception to the rule against prior inconsistent statements is that

Selecione uma das seguintes:

  • It allows the trier of fact to understand the order in which the events at issue occurred.

  • Such statements can form an integral part of the Crown's theory.

  • Some prior consistent statements are necessary to understand what went on since the event in question.

Explicação

Questão 11 de 12

1

What is the "ultimate issue rule" with respect to expert evidence?

Selecione uma das seguintes:

  • Expert witnesses are useful to the trier of fact to determine what the facts are about a particular issue.

  • The trier of fact, and not the expert, determines facts about the issues of the case.

  • Where credibility is at issue, an expert witness on credibility assessments is exempt from the rule against oath-helping.

Explicação

Questão 12 de 12

1

According to R v Marquard (1993 SCC), experts can...

Selecione uma das seguintes:

  • Testify about the credibility of a witness, so long as they are a properly qualified medical professional.

  • Testify about information that ordinary people are likely to get wrong.

  • Testify regarding human behaviour indicative of credibility, not the credibility of a particular witness.

Explicação