Presumption of Innocence and Burden of Proof in Canadian Law
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Questions and Answers

Who bears the burden of proof in a legal case?

  • The defendant
  • The jury
  • The Crown (correct)
  • The judge

    • What standard must be met to prove guilt in criminal proceedings?

  • Balance of probabilities
  • Beyond a reasonable doubt (correct)
  • Clear and convincing evidence
  • Preponderance of evidence

    • What type of evidence includes oral testimony of a victim or witness?

  • Circumstantial evidence
  • Direct evidence (correct)
  • Real evidence
  • Hearsay evidence

    • What is the irrebuttable presumption of law mentioned in the text?

    <p>The accused is always presumed innocent</p> Signup and view all the answers

    How are guilt or innocence determined in legal proceedings?

    <p>By the trier of fact after evaluating evidence</p> Signup and view all the answers

    Which party must collect and disclose evidence to the defense in a legal case?

    <p>Both the prosecution and defense</p> Signup and view all the answers

    What is considered more reliable than direct evidence?

    <p>Tangible physical evidence</p> Signup and view all the answers

    Which type of evidence is NOT subject to human frailties like emotions or biases?

    <p>Blood spatter</p> Signup and view all the answers

    What does Locard's Exchange Principle state?

    <p>The transference of material when two objects come into contact</p> Signup and view all the answers

    Which of the following is a form of biological evidence?

    <p>Insects</p> Signup and view all the answers

    What is the primary purpose of recording a witness statement?

    <p>To prove voluntary statements within the charter of rights</p> Signup and view all the answers

    Which type of evidence is most commonly encountered in investigations?

    <p>Video surveillance tapes</p> Signup and view all the answers

    Which of the following is a requirement for a legal consent search?

    <p>Consent must be voluntary</p> Signup and view all the answers

    Which of the following is a limitation on expert witnesses?

    <p>They may only express opinions on matters requiring special knowledge or training</p> Signup and view all the answers

    Which of the following is a condition for the seizure of abandoned evidence?

    <p>The property must be discarded at the curb for garbage pickup</p> Signup and view all the answers

    Which of the following is a requirement for the admission of evidence with probative value?

    <p>The probative value must outweigh the prejudice</p> Signup and view all the answers

    Which of the following is a requirement for witness competency?

    <p>The witness must be mentally competent</p> Signup and view all the answers

    Which of the following is a limitation on the Crown's introduction of evidence of bad character?

    <p>The Crown may only introduce evidence of bad character if it is relevant to an issue at trial</p> Signup and view all the answers

    Which of the following is a limitation on similar fact evidence?

    <p>Evidence must be virtually identical before guilt of accused may be inferred</p> Signup and view all the answers

    Which of the following is a requirement for a warrantless search?

    <p>The search must be authorized by law</p> Signup and view all the answers

    Which of the following is a limitation on the Crown's use of spousal testimony?

    <p>Spouses are competent witnesses for the defense but not for the Crown</p> Signup and view all the answers

    Which of the following is a requirement for the exclusion of evidence on the basis of prejudice?

    <p>The prejudice must outweigh the probative value</p> Signup and view all the answers

    What principle explains the certainty of transference of trace evidence from one object to another?

    <p>Locard's exchange principle</p> Signup and view all the answers

    What does the term 'double transference of trace evidence' refer to?

    <p>Proof of two surfaces coming into direct contact with each other</p> Signup and view all the answers

    Which of the following is an exception to the hearsay rule?

    <p>Testimony from a witness repeating what another person said</p> Signup and view all the answers

    What is the purpose of corroboration in a criminal proceeding?

    <p>To confirm and support another piece of evidence or facts</p> Signup and view all the answers

    What is the best evidence rule in court proceedings?

    <p>The best possible evidence available must be presented to the court</p> Signup and view all the answers

    What is the plain view seizure doctrine?

    <p>The warrantless seizure of evidence found inadvertently</p> Signup and view all the answers

    What does the doctrine of recent possession refer to?

    <p>Evidence of property in the accused's possession stolen within the previous 12 months</p> Signup and view all the answers

    What is the purpose of the best evidence rule?

    <p>To ensure the court is satisfied with the authenticity of the original</p> Signup and view all the answers

    What is the purpose of the doctrine of recent possession?

    <p>To prove the accused knew the property found in his/her possession was unlawfully obtained</p> Signup and view all the answers

    What is the main purpose of the plain view seizure doctrine?

    <p>To permit the warrantless seizure of evidence found inadvertently</p> Signup and view all the answers

    Who bears the burden of proving the accused's guilt in criminal proceedings?

    <p>The Crown</p> Signup and view all the answers

    What is the standard that must be met to prove guilt in criminal proceedings?

    <p>Beyond a reasonable doubt</p> Signup and view all the answers

    Which type of evidence involves oral testimony from a victim, witness, or accused person with direct, personal knowledge?

    <p>Direct evidence</p> Signup and view all the answers

    What principle dictates that the presumption of innocence remains until guilt is proven according to law?

    <p>Presumption of innocence principle</p> Signup and view all the answers

    In legal proceedings, how are guilt or innocence determined?

    <p>Through an impartial interpretation of the evidence by the trier of fact</p> Signup and view all the answers

    What is the classification of evidence that includes physical items like clothing and tangible objects?

    <p>Real evidence</p> Signup and view all the answers

    Which type of evidence is NOT typically used for investigative purposes?

    <p>Expert evidence</p> Signup and view all the answers

    What is the MAIN purpose of obtaining a search warrant?

    <p>To legally seize evidence for court proceedings</p> Signup and view all the answers

    Which type of evidence is NOT typically subject to human frailties such as emotions or biases?

    <p>Real evidence</p> Signup and view all the answers

    What is the primary purpose of Locard's Exchange Principle in forensic science?

    <p>To explain the certainty of transference of trace evidence</p> Signup and view all the answers

    Which of the following is NOT a common type of biological evidence?

    <p>Gunshot residue</p> Signup and view all the answers

    What is the purpose of corroboration in a criminal proceeding?

    <p>To ensure the reliability of evidence</p> Signup and view all the answers

    Which of the following is NOT a requirement for the plain view seizure doctrine?

    <p>The seizure must have been pre-authorized by a search warrant</p> Signup and view all the answers

    Which of the following is an exception to the hearsay rule?

    <p>Voluntary admissions or confessions of an accused person</p> Signup and view all the answers

    Which of the following is NOT a limitation on similar fact evidence?

    <p>It must not be used to surprise the defense</p> Signup and view all the answers

    Which of the following is a requirement for a warrantless search?

    <p>Search must be impracticable to obtain a warrant</p> Signup and view all the answers

    Which of the following is NOT a form of biological evidence?

    <p>Fingerprints</p> Signup and view all the answers

    Which of the following is a requirement for the exclusion of evidence on the basis of prejudice?

    <p>The evidence must be more prejudicial than probative</p> Signup and view all the answers

    Which of the following is NOT a requirement for the admissibility of corroborative evidence?

    <p>The evidence must be necessary to prove a fact in issue</p> Signup and view all the answers

    Which of the following is NOT a requirement for the doctrine of recent possession?

    <p>The possession must be exclusive</p> Signup and view all the answers

    Which of the following is NOT a requirement for the best evidence rule?

    <p>The document must be necessary to prove a fact in issue</p> Signup and view all the answers

    Which of the following is NOT a limitation on expert witnesses?

    <p>The witness must not express opinions on the credibility of other witnesses</p> Signup and view all the answers

    Which of the following is a requirement for the admission of evidence with probative value?

    <p>The probative value of the evidence must outweigh the prejudice to the accused</p> Signup and view all the answers

    Which of the following is a limitation on expert witnesses?

    <p>Limited to 5 expert witnesses without prior permission of the court</p> Signup and view all the answers

    Which of the following is a requirement for a legal consent search?

    <p>All of the above</p> Signup and view all the answers

    Which of the following is a limitation on the Crown's introduction of evidence of bad character?

    <p>Crown may introduce evidence of previous convictions but not acts the accused was not convicted of</p> Signup and view all the answers

    Which of the following is a requirement for witness competency?

    <p>Witness must have knowledge of the case</p> Signup and view all the answers

    Which of the following is a requirement for the exclusion of evidence on the basis of prejudice?

    <p>The evidence must be highly prejudicial and may adversely affect the fairness of the trial</p> Signup and view all the answers

    Which of the following is a limitation on similar fact evidence?

    <p>Evidence must be virtually identical before guilt of accused may be inferred</p> Signup and view all the answers

    Which of the following is a requirement for the seizure of abandoned evidence?

    <p>Seizure of abandoned evidence is not considered to constitute a search</p> Signup and view all the answers

    What principle explains the certainty of transference of trace evidence from one object to another?

    <p>Locard's Exchange Principle</p> Signup and view all the answers

    Which of the following is a requirement for spousal competence and compellability?

    <p>A spouse is always competent and compellable for the Crown on the following: causing death or bodily harm by criminal negligence, murder, manslaughter, infanticide, attempted murder, accessory to murder, Level I Assault, Level II Assault, Level III Assault, or unlawfully causing bodily harm</p> Signup and view all the answers

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