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Precedents, Court Forms and Checklists
Generally
See also:
Examinations-in-Chief
and
Cross-Examinations
☐
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
☐
a prior consistent statement as "oath helping" (see
Prior Consistent Statements
)
☐
Character
of accused
not admissible unless accused put his character in issue (see
Character of Accused
)
☐
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
☐
Hearsay
☐
Asking witness for expert opinion (see
Expert Evidence
)
☐
Eliciting Privileged information (see
Solicitor-Client Privilege
;
Informer Privilege
;
Litigation Privilege
)
☐
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