Objections Cheatsheet: Difference between revisions

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; 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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Revision as of 11:01, 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
  • Sexual contact with anyone, except contact at issue in trial
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