Presumption of Innocence and Burden of Proof in Canadian Law
64 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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

    More Like This

    Principle of Presumption of Innocence Quiz
    3 questions

    Principle of Presumption of Innocence Quiz

    Quiz de procédure pénale
    24 questions

    Quiz de procédure pénale

    AudibleOlive avatar
    AudibleOlive
    Quiz
    38 questions

    Quiz

    FlawlessMountainPeak avatar
    FlawlessMountainPeak
    Burden of Proof in Criminal Law Quiz
    12 questions

    Burden of Proof in Criminal Law Quiz

    SelfSatisfactionWilliamsite4042 avatar
    SelfSatisfactionWilliamsite4042
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser