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Understanding Opinion Evidence in Witness Testimony

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Understanding Opinion Evidence in Witness Testimony

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Questions and Answers

What type of evidence is given by a witness that is based on conclusions or inferences drawn from facts or observations?

Anecdotal evidence

Expert evidence

Opinion evidence (correct)

Factual evidence

When is opinion evidence admissible according to the text?

When it is the opinion of a layperson helpful for understanding or the opinion of an expert (correct)

Any witness can provide opinion evidence

Only experts can provide opinion evidence

Opinion evidence is never admissible

In what circumstance is a layperson's opinion permitted according to the text?

When the opinion is inadmissible

When the opinion unnecessarily encroaches on the trier of fact's role

When the subject matter is within the knowledge of the average person (correct)

When the layperson's opinion is complex

What is a compendious mode of expressing facts mentioned in the text?

A narrative mixed with opinions to express information Signup and view all the answers

When is opinion evidence permitted by the court?

When it's difficult for the witness to express information without stating an opinion Signup and view all the answers

What are the Mohan Factors?

Relevance, Necessity, Qualifications, Absence of any exclusionary rule Signup and view all the answers

What is the 'Expert Opinion Rule' about?

Qualified experts can provide their opinion to help the trier of fact understand the evidence Signup and view all the answers

Why is it important for judges to determine the qualifications of expert witnesses?

To determine if the evidence provided is admissible Signup and view all the answers

What is the 'Hired Gun Syndrome' referring to?

Experts who are biased or adapt their evidence based on who hires them Signup and view all the answers

Under what circumstances can expert reports be used instead of calling experts as witnesses?

With the leave of the court and under s 52(2) of the Ontario Evidence Act Signup and view all the answers