Objections Cheatsheet: Difference between revisions

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* {{Box}} General Irrelevance (see [[Relevance]])
* {{Box}} General Irrelevance (see [[Relevance]])
** {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court
** {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court
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** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
* {{Box}} Leading Question (on ''examination-in-chief'' only)
* {{Box}} Leading Question (on ''examination-in-chief'' only)
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; Defence evidence
; 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]])
* {{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]])

Revision as of 14:36, 15 February 2019

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)
  • No foundation/Assumes facts not proven
  • 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
  • Eliciting evidence unconnected to incident at issue
  • Evidence that generally is prohibited by Rules of Evidence
  • Leading Question (on examination-in-chief only)
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