64 Questions
Who bears the burden of proof in a legal case?
The Crown
What standard must be met to prove guilt in criminal proceedings?
Beyond a reasonable doubt
What type of evidence includes oral testimony of a victim or witness?
Direct evidence
What is the irrebuttable presumption of law mentioned in the text?
The accused is always presumed innocent
How are guilt or innocence determined in legal proceedings?
By the trier of fact after evaluating evidence
Which party must collect and disclose evidence to the defense in a legal case?
Both the prosecution and defense
What is considered more reliable than direct evidence?
Tangible physical evidence
Which type of evidence is NOT subject to human frailties like emotions or biases?
Blood spatter
What does Locard's Exchange Principle state?
The transference of material when two objects come into contact
Which of the following is a form of biological evidence?
Insects
What is the primary purpose of recording a witness statement?
To prove voluntary statements within the charter of rights
Which type of evidence is most commonly encountered in investigations?
Video surveillance tapes
Which of the following is a requirement for a legal consent search?
Consent must be voluntary
Which of the following is a limitation on expert witnesses?
They may only express opinions on matters requiring special knowledge or training
Which of the following is a condition for the seizure of abandoned evidence?
The property must be discarded at the curb for garbage pickup
Which of the following is a requirement for the admission of evidence with probative value?
The probative value must outweigh the prejudice
Which of the following is a requirement for witness competency?
The witness must be mentally competent
Which of the following is a limitation on the Crown's introduction of evidence of bad character?
The Crown may only introduce evidence of bad character if it is relevant to an issue at trial
Which of the following is a limitation on similar fact evidence?
Evidence must be virtually identical before guilt of accused may be inferred
Which of the following is a requirement for a warrantless search?
The search must be authorized by law
Which of the following is a limitation on the Crown's use of spousal testimony?
Spouses are competent witnesses for the defense but not for the Crown
Which of the following is a requirement for the exclusion of evidence on the basis of prejudice?
The prejudice must outweigh the probative value
What principle explains the certainty of transference of trace evidence from one object to another?
Locard's exchange principle
What does the term 'double transference of trace evidence' refer to?
Proof of two surfaces coming into direct contact with each other
Which of the following is an exception to the hearsay rule?
Testimony from a witness repeating what another person said
What is the purpose of corroboration in a criminal proceeding?
To confirm and support another piece of evidence or facts
What is the best evidence rule in court proceedings?
The best possible evidence available must be presented to the court
What is the plain view seizure doctrine?
The warrantless seizure of evidence found inadvertently
What does the doctrine of recent possession refer to?
Evidence of property in the accused's possession stolen within the previous 12 months
What is the purpose of the best evidence rule?
To ensure the court is satisfied with the authenticity of the original
What is the purpose of the doctrine of recent possession?
To prove the accused knew the property found in his/her possession was unlawfully obtained
What is the main purpose of the plain view seizure doctrine?
To permit the warrantless seizure of evidence found inadvertently
Who bears the burden of proving the accused's guilt in criminal proceedings?
The Crown
What is the standard that must be met to prove guilt in criminal proceedings?
Beyond a reasonable doubt
Which type of evidence involves oral testimony from a victim, witness, or accused person with direct, personal knowledge?
Direct evidence
What principle dictates that the presumption of innocence remains until guilt is proven according to law?
Presumption of innocence principle
In legal proceedings, how are guilt or innocence determined?
Through an impartial interpretation of the evidence by the trier of fact
What is the classification of evidence that includes physical items like clothing and tangible objects?
Real evidence
Which type of evidence is NOT typically used for investigative purposes?
Expert evidence
What is the MAIN purpose of obtaining a search warrant?
To legally seize evidence for court proceedings
Which type of evidence is NOT typically subject to human frailties such as emotions or biases?
Real evidence
What is the primary purpose of Locard's Exchange Principle in forensic science?
To explain the certainty of transference of trace evidence
Which of the following is NOT a common type of biological evidence?
Gunshot residue
What is the purpose of corroboration in a criminal proceeding?
To ensure the reliability of evidence
Which of the following is NOT a requirement for the plain view seizure doctrine?
The seizure must have been pre-authorized by a search warrant
Which of the following is an exception to the hearsay rule?
Voluntary admissions or confessions of an accused person
Which of the following is NOT a limitation on similar fact evidence?
It must not be used to surprise the defense
Which of the following is a requirement for a warrantless search?
Search must be impracticable to obtain a warrant
Which of the following is NOT a form of biological evidence?
Fingerprints
Which of the following is a requirement for the exclusion of evidence on the basis of prejudice?
The evidence must be more prejudicial than probative
Which of the following is NOT a requirement for the admissibility of corroborative evidence?
The evidence must be necessary to prove a fact in issue
Which of the following is NOT a requirement for the doctrine of recent possession?
The possession must be exclusive
Which of the following is NOT a requirement for the best evidence rule?
The document must be necessary to prove a fact in issue
Which of the following is NOT a limitation on expert witnesses?
The witness must not express opinions on the credibility of other witnesses
Which of the following is a requirement for the admission of evidence with probative value?
The probative value of the evidence must outweigh the prejudice to the accused
Which of the following is a limitation on expert witnesses?
Limited to 5 expert witnesses without prior permission of the court
Which of the following is a requirement for a legal consent search?
All of the above
Which of the following is a limitation on the Crown's introduction of evidence of bad character?
Crown may introduce evidence of previous convictions but not acts the accused was not convicted of
Which of the following is a requirement for witness competency?
Witness must have knowledge of the case
Which of the following is a requirement for the exclusion of evidence on the basis of prejudice?
The evidence must be highly prejudicial and may adversely affect the fairness of the trial
Which of the following is a limitation on similar fact evidence?
Evidence must be virtually identical before guilt of accused may be inferred
Which of the following is a requirement for the seizure of abandoned evidence?
Seizure of abandoned evidence is not considered to constitute a search
What principle explains the certainty of transference of trace evidence from one object to another?
Locard's Exchange Principle
Which of the following is a requirement for spousal competence and compellability?
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
Test your knowledge on the presumption of innocence and the burden of proof in Canadian law. Understand the concepts related to being presumed innocent until proven guilty, the burden of proof in law, and the responsibility of proving guilt in criminal proceedings.
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