Objections Cheatsheet: Difference between revisions
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m Text replacement - "Prior Sexual History" to "Complainant's Sexual Activity Evidence" |
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== | ==Checklist== | ||
{{seealso|Examinations-in-Chief|Cross-Examinations}} | {{seealso|Examinations-in-Chief|Cross-Examinations}} | ||
{|class="wikitable" | {|class="wikitable" style="width:650px; background-color:white; " | ||
| | |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}} Contradicting Collateral Facts (see [[Collateral Fact Rule]]) | |||
; Premature Evidence | |||
* {{Box}} No foundation/Assumes facts not proven | * {{Box}} No foundation/Assumes facts not proven | ||
* {{Box}} Improperly Phrased Questions | * {{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}} | * {{Box}} Monologuing/Editorizating | ||
* {{Box}} Evidence that generally is | ; Evidence unconnected to incident at issue | ||
* {{Box}} a prior consistent statement as "oath helping" (see [[Prior Consistent Statements]]) | |||
** {{Box}} Asking witness for expert opinion (see [[Expert Evidence]]) | * {{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]]) | |||
* {{Box}} | ; Evidence that generally is prohibited by Rules of Evidence | ||
* {{Box}} [[Hearsay]] | |||
* {{Box}} Question seeks answer NOT in direct knowledge of the accused | |||
* {{Box}} Asking witness for expert opinion (see [[Expert Evidence]]) | |||
* {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]]) | |||
; Evidence-in-Chief | |||
* {{Box}} Leading Question on evidence other than uncontentious evidence (See [[Examination-in-Chief]]) | |||
; Defence evidence | |||
* {{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]]) | |||
; 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 | ||
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Latest revision as of 22:57, 5 January 2022
Checklist
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