FRSC 4312 EXAM QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS VERIFIED
what are the 3 rules of evidence?
1. relevant
2. efficient- in the interests of a speedy trial - thus 'presumptions' and 'judicial notice'
3. fair- Probative value greater than prejudicial effect
what are some types of evidence?
viva voice
documentary
opinion
objects
recorded
agreed
statutory
what are the 3 categories of evidence?
1. direct- evidence of actual offence/incident often taken from scene or from observers of incident
2. circumstantial- evidence that goes to prove circumstances that lead to a certain conclusion
3. opinion- evidence put forward often on a hypothetical basis - opinion drawn from review of other
evidence
, is opinion evidence generally allowed in court?
No
who's opinion is allowed in court?
experts
what is the trial process in civil cases? (3 steps)
1. Plaintiff will file a Statement of Claim against the Defendant
2. The Defendant will then be allowed to file a Statement of Defence and perhaps a counter claim or
cross claim which may bring in other parties.
3. Then the matter will be set down for trial.
what is the trial process in criminal cases? (3 steps)
1. Charge via the laying of an information which indicates the charges against the accused. Laid after the
investigation leads police to believe that they have r&pg to lay a charge
2. Accused brought to court via any one of a number of methods such as: a promise to appear, a
summons, etc. for a first appearance
3. at some point in court appearances the matter will be set for trial
what is the duty of the crown in a criminal trial?
call evidence on each element of the offence to meet the test that 'there is some evidence on each
element', that if believed, could lead the trier of fact to convict
who is involved in a pre-trial conference?
judge and counsel
the voir dire is/can: (4 things)
COMPLETE SOLUTIONS VERIFIED
what are the 3 rules of evidence?
1. relevant
2. efficient- in the interests of a speedy trial - thus 'presumptions' and 'judicial notice'
3. fair- Probative value greater than prejudicial effect
what are some types of evidence?
viva voice
documentary
opinion
objects
recorded
agreed
statutory
what are the 3 categories of evidence?
1. direct- evidence of actual offence/incident often taken from scene or from observers of incident
2. circumstantial- evidence that goes to prove circumstances that lead to a certain conclusion
3. opinion- evidence put forward often on a hypothetical basis - opinion drawn from review of other
evidence
, is opinion evidence generally allowed in court?
No
who's opinion is allowed in court?
experts
what is the trial process in civil cases? (3 steps)
1. Plaintiff will file a Statement of Claim against the Defendant
2. The Defendant will then be allowed to file a Statement of Defence and perhaps a counter claim or
cross claim which may bring in other parties.
3. Then the matter will be set down for trial.
what is the trial process in criminal cases? (3 steps)
1. Charge via the laying of an information which indicates the charges against the accused. Laid after the
investigation leads police to believe that they have r&pg to lay a charge
2. Accused brought to court via any one of a number of methods such as: a promise to appear, a
summons, etc. for a first appearance
3. at some point in court appearances the matter will be set for trial
what is the duty of the crown in a criminal trial?
call evidence on each element of the offence to meet the test that 'there is some evidence on each
element', that if believed, could lead the trier of fact to convict
who is involved in a pre-trial conference?
judge and counsel
the voir dire is/can: (4 things)
