LawofEvidenceinaNutshell.docVIP

Law of Evidence in a Nutshell 2 Relevance 4 Multiple Relevance 4 Probative Value 4 Materiality 4 Proof 4 Burden of Proof 4 First hurdle = evidential burden: 4 Second hurdle = persuasive burden: 5 Types of Evidence 5 Presumptions 6 Mandatory presumption: 6 Reverse onus presumption: 6 Oakes Test 6 Judicial Notice 7 Adjudicative facts 7 Legislative facts 7 Social framework facts 7 Character Evidence 8 Exception to Character Evidence Rule: Similar Facts 9 Character of Third Parties or Co-Accused 10 Character of the Victim 10 Hearsay 11 The Principled Exception 11 Traditional (Categorical) Exceptions 11 Admissions – most important exception 11 Exceptions where the declarant or the testimony is unavailable: 12 Exceptions that do not depend on the availability of the declarant: 13 Exceptions where the Declarant is available: 13 The Opinion Rule 14 Expert Opinion 14 Novel Science 14 Ultimate Issue Rule 14 Use of Textbooks (form of hearsay) 15 Effect of hearsay on the probative value of the expert opinion: 15 Privilege 16 Class Privileges 16 Solicitor-Client Privilege 16 Marital or Spousal Privilege 17 “Without Prejudice” Communication 17 Identity of Informers 18 Case-by-Case Privilege 18 Disclosure and Production of Third Party Records 18 Witnesses 19 Competence and Compellability 19 Children Under 14 19 Mental Capacity 20 Spousal Competency and Compellability 20 Test for Spousal Incompetency: 20 Compellability of the Accused 20 Principle Against Self-Incrimination 20 Common Law Right to Silence 21 Charter s. 7 - Pre-trial Right to Silence 21 Common Law Confessions Rule 22 Note on Corporate Officers 23 Manner of Questioning in Direct and Cross-Examination 23 Leading Question 23 Past Recollection Recorded vs. Present Recollection Revived 23 Videotaped Statements by Children 24 Cross-Examination 24 Collateral Facts Rule 24 Impeachment 25 Impeaching Opponent’s Witness on Prior Inconsistent Statement 25 Impeaching Your Own Witness – Trickier! 26 Bias 27 Character of a Witness 2