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}} | |||
== | {|class="wikitable" style="width:650px; background-color:white; " | ||
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* Compound Question | ; General Irrelevance (see [[Relevance]]) | ||
* | * {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court | ||
* Misquoting prior evidence/statement | * {{Box}} Contradicting Collateral Facts (see [[Collateral Fact Rule]]) | ||
; Premature Evidence | |||
* Asked and answered | * {{Box}} No foundation/Assumes facts not proven | ||
* Badgering, harassing witness | * {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court | ||
* Character not in issue | ; Improperly Phrased Questions | ||
* | * {{Box}} Compound Question | ||
* Privilege | * {{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}} 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) | |||
* | * {{Box}} Sexual contact with anyone, except contact at issue in trial (see [[Complainant's Sexual Activity Evidence]]) | ||
* {{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 | |||
* Failure of complainant to "fight back" | * {{Box}} Failure of the complainant to "fight back" | ||
* Failure of complainant to "scream" or "call for help" | * {{Box}} Failure of the complainant to "scream" or "call for help" | ||
* Failure of 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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