Objections Cheatsheet: Difference between revisions

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{{HeaderForms}}
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==Generally==
==Checklist==
{{seealso|Examinations-in-Chief|Cross-Examinations}}
{{seealso|Examinations-in-Chief|Cross-Examinations}}
{|class="wikitable"  
 
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{|class="wikitable" style="width:650px; background-color:white; "
* {{Box}} Irrelevance (see [[Relevance]])
|style="vertical-align: top;"|
; General Irrelevance (see [[Relevance]])
* {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court
* {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court
* {{Box}} Improperly Phrased Questions
* {{Box}} Contradicting Collateral Facts (see [[Collateral Fact Rule]])
** {{Box}} Compound Question
; Premature Evidence
** {{Box}} Vague/Misleading question
** {{Box}} Misquoting prior evidence/statement
* {{Box}} No foundation/Assumes facts not proven
* {{Box}} No foundation/Assumes facts not proven
* {{Box}} Asking witness for inadmissible opinion
* {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court
; Improperly Phrased Questions
* {{Box}} Compound Question
* {{Box}} Vague/Misleading question
* {{Box}} Misquoting prior evidence/statement
; Uncivil Questions
* {{Box}} Asked and answered
* {{Box}} Badgering, harassing witness
* {{Box}} arguing with witness
* {{Box}} Monologuing/Editorizating
; Evidence unconnected to incident at issue
* {{Box}} a prior consistent statement as "oath helping" (see [[Prior Consistent Statements]])
* {{Box}} Character ''of accused'' not admissible unless accused put his character in issue (see [[Character of Accused]])
* {{Box}} Character ''of victim'' presumed not relevant unless "probative value outweighs its prejudicial effect" (see [[Character of Non-Accused Persons]])
; Evidence that generally is prohibited by Rules of Evidence
* {{Box}} [[Hearsay]]
* {{Box}} [[Hearsay]]
* {{Box}} Uncivil Questions
* {{Box}} Question seeks answer NOT in direct knowledge of the accused
** {{Box}} Asked and answered
* {{Box}} Asking witness for expert opinion (see [[Expert Evidence]])
** {{Box}} Badgering, harassing witness
* {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
** {{Box}} arguing with witness
; Evidence-in-Chief
** {{Box}} Monologuing/Editorizating
* {{Box}} Leading Question on evidence other than uncontentious evidence (See [[Examination-in-Chief]])
* {{Box}} Eliciting a prior consistent statement as "oath helping" (see [[Prior Consistent Statements]])
; Defence evidence
* {{Box}} Character ''of accused'' not put in issue (see [[Character of Accused]])
* {{Box}} Eliciting evidence contradicting Crown evidence without first confronting the Crown witness ([[Cross-Examinations#Confrontation_Rule_.28The_Browne_v_Dunn_Rule.29|Rule in Browne v Dunn]])
* {{Box}} Character ''of victim'' presumed not relevant unless "probative value outweighs its prejudicial effect" (see [[Character of Non-Accused Persons]])
* {{Box}} Privilege ([[Solicitor-Client Privilege|Solicitor-Client]]; Informer; Litigation)
* {{Box}} Contradicting Collateral Facts (see [[Collateral Fact Rule]])
* {{Box}} Leading Question (on ''examination-in-chief'' only)
|}


==On Sexual Assault Cases==
; Prior Sexual History (assuming enumerated sexual offence)
; Prior Sexual History
* {{Box}} Sexual contact with anyone, except contact at issue in trial (see [[Complainant's Sexual Activity Evidence]])
* {{Box}} Sexual contact with anyone, except contact at issue in trial
* {{Box}} Eliciting any information that is contained in private records, including medical, personal diaries, etc. (see [[Production of Records for Sexual Offences]])


; Sexual Assault Myths
; Sexual Assault Myths
* Failure of the complainant to "fight back"
* {{Box}} Failure of the complainant to "fight back"
* Failure of the complainant to "scream" or "call for help"
* {{Box}} Failure of the complainant to "scream" or "call for help"
* Failure of the complainant to report the assault in a timely manner
* {{Box}} Failure of the complainant to report the assault in a timely manner


 
|}
 
==On Calling Counter-Evidence==
* Failure to confront opposing witness with counter-story (Rule in Browne v Dunn)

Latest revision as of 22:57, 5 January 2022

Checklist

See also: Examinations-in-Chief and Cross-Examinations
General Irrelevance (see Relevance)
  • Eliciting evidence supporting a Motion not before the Court
  • Contradicting Collateral Facts (see Collateral Fact Rule)
Premature Evidence
  • No foundation/Assumes facts not proven
  • Eliciting evidence supporting a Motion not before the Court
Improperly Phrased Questions
  • Compound Question
  • Vague/Misleading question
  • Misquoting prior evidence/statement
Uncivil Questions
  • Asked and answered
  • Badgering, harassing witness
  • arguing with witness
  • Monologuing/Editorizating
Evidence unconnected to incident at issue
Evidence that generally is prohibited by Rules of Evidence
Evidence-in-Chief
Defence evidence
  • Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn)
Prior Sexual History (assuming enumerated sexual offence)
Sexual Assault Myths
  • Failure of the complainant to "fight back"
  • Failure of the complainant to "scream" or "call for help"
  • Failure of the complainant to report the assault in a timely manner