Objections Cheatsheet: Difference between revisions

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{{seealso|Examinations-in-Chief|Cross-Examinations}}
{{seealso|Examinations-in-Chief|Cross-Examinations}}


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; General Irrelevance (see [[Relevance]])
; General Irrelevance (see [[Relevance]])
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; Evidence-in-Chief
; Evidence-in-Chief
* {{Box}} Leading Question on evidence other than uncontentious evidence (See [[Examination-in-Chief]])
* {{Box}} Leading Question on evidence other than uncontentious evidence (See [[Examination-in-Chief]])
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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 21:31, 20 March 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)
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