Evidence Law & Testimony: Rules, Types, and Importance PDF

Character Evidence: Personality Insights General Inadmissibility Exceptions Exist Strict Regulations Character evidence is typically not There are specific situations where Rules govern the timing and allowed in court proceedings. character evidence may...

Character Evidence: Personality Insights General Inadmissibility Exceptions Exist Strict Regulations Character evidence is typically not There are specific situations where Rules govern the timing and allowed in court proceedings. character evidence may be manner of introducing character introduced. evidence. Opinion Evidence: Expert vs. Lay Testimony Lay Witnesses Expert Witnesses Generally cannot provide opinion evidence in court May offer opinions within their area of expertise, subject proceedings. to specific rules. Principled Approach to Hearsay 1 Necessity 2 Reliability 3 Judicial Discretion Courts may admit hearsay evidence outside traditional exceptions if it meets necessity and reliability criteria. Electronic Evidence: Digital Age Challenges Authentication System Integrity Best Evidence Rule Verifying the origin and integrity of Ensuring the reliability of electronic Meeting the requirements for digital digital evidence. record-keeping systems. versions of documents. Statutory Provisions: Legislative Impact Canada Evidence Act Provincial Evidence Acts Federal statute governing evidence in criminal and Local laws that may provide civil cases. additional rules or exceptions. Ongoing Evolution Statutes continue to adapt to changing legal landscapes. Judicial Discretion: Balancing Act Probative Value 1 Assessing the strength of evidence in proving a fact. Prejudicial Effect 2 Considering potential bias or unfairness to parties. Exclusion Power 3 Authority to exclude admissible evidence if prejudice outweighs value. Relevance in Practice: Case Studies Criminal Case Civil Litigation Family Law Demonstrating how relevance applies Exploring relevance in complex Examining relevance in sensitive in determining admissibility of business disputes and contract family matters and custody disputes. physical evidence. interpretations. Authentication Challenges in Digital Age Social Media Posts Verifying authenticity of online content in legal proceedings. Email Communications Establishing the origin and integrity of electronic messages. Digital Signatures Ensuring the validity of electronically signed documents. Hearsay Exceptions: Deep Dive Dying Declarations Excited Utterances Statements made by a person who believes death is Spontaneous statements made in response to a imminent. startling event. Present Sense Impressions Declarations Against Interest Descriptions of events made while experiencing them. Statements that harm the speaker's interests when made. Best Evidence Rule: Modern Applications 1 Traditional Documents Original paper documents still preferred when available. 2 Digital Copies High-quality scans often accepted as best evidence. 3 Native Digital Files Original digital formats considered best evidence for electronic records. 4 Blockchain Records Emerging acceptance of blockchain-verified documents as best evidence. Character Evidence: Exceptions and Uses Criminal Cases Civil Cases Defendant's good character Habit evidence Victim's character (limited) Reputation in community Witness credibility Prior acts (specific circumstances) Expert Witness Testimony: Key Considerations 1 Qualification 2 Reliability Demonstrating expertise in Ensuring scientific validity the relevant field. of methods and conclusions. 3 Relevance 4 Impartiality Connecting expert opinion Maintaining objectivity and to facts of the case. avoiding bias. Electronic Evidence: Best Practices Preservation Chain of Custody Maintaining integrity of digital Documenting all handling and evidence from collection to transfers of electronic evidence. presentation. Forensic Analysis Using certified tools and methods for examining digital evidence. Evolving Landscape: New Challenges Conclusion: The Future of Evidence Law 1 2 Technological Adaptation Balancing Acts Courts continue to evolve rules for Maintaining fairness while new forms of digital evidence. incorporating advanced forensic techniques. 3 Global Harmonization Trend towards international standards in evidence rules. Purpose of Rules Reliability Fair Trial Efficiency Predictability Rules ensure that only Rules guarantee the Rules streamline the trial Rules establish clear evidence that is accused receives a fair process, preventing procedures that allow the trustworthy and reliable is trial, including the right to unnecessary delays and accused to prepare their admitted in court. This a defense attorney and ensuring efficient use of defense and anticipate protects the accused from the opportunity to court resources. the course of the trial. being convicted on the challenge evidence. basis of unreliable evidence. Terms and Definitions 1 Evidence 2 Probative Value Something that serves to Evidence that is capable of prove or disprove an proving, or having the assertion. tendency to prove something. 3 Corroboration Confirmation from a second source that a witness is telling the truth. Key Concepts: Proof Burden Standard The obligation to prove a fact in The level of certainty required to court. establish a fact. Key Concepts: Presumptions Presumption Rebuttable Presumption Constitutional Presumption A legal reasoning process where the A presumption that can be disproven A presumption enshrined in the proof of one fact suggests the by evidence to the contrary. Canadian Charter of Rights and existence of another. Freedoms. Key Concepts: Inferences 1 Inference 2 Circumstantial Evidence A method of establishing facts without direct Necessary to establish evidence. facts by circumstantial evidence. 3 Logical Flow 4 Avoid Speculation Inferences must flow Cannot be conjecture or reasonably and logically speculation. from established facts. Types of Evidence Oral Evidence Real Evidence Documentary Evidence Testimony given verbally in court by Physical objects, such as weapons, Written documents, such as contracts, witnesses. clothing, or DNA. letters, or emails. Types of Evidence, continued Opinion Evidence Expert Evidence Secondary Sources Judicial Notice A witness's personal Testimony from a qualified Documents or reports Facts that are generally opinion on a matter in expert on a subject created by someone other known or accepted by the dispute. relevant to the case. than the witness. court without proof. Types of Evidence in the Legal System This presentation will explore seven key types of evidence used in legal proceedings: opinion, expert, secondary, oral, real, documentary, and judicial notice. Understanding these different forms of evidence is crucial for law students and legal professionals to effectively analyze and present cases in court. Opinion Evidence: An Overview Definition General Rule Testimony based on a Witnesses are typically not witness's personal belief or allowed to give opinion judgment rather than direct evidence knowledge of facts Exception Legal Principle Expert witnesses may Witnesses should testify provide opinion evidence in only to facts they have their area of expertise directly observed The Importance of Factual Testimony "The general exclusionary rule is that witnesses may not give opinion evidence, but testify only as to facts." This quote from R. v. Marquard 4 S.C.R. 223 emphasizes the importance of factual testimony in legal proceedings. The court system relies on witnesses providing accurate, firsthand accounts of events rather than personal interpretations or judgments. Expert Evidence: Specialized Knowledge in Cou Definition Purpose Expert evidence assists the Expert evidence is a form court in understanding of opinion evidence complex or technical issues provided by individuals that are beyond the with specialized knowledge of the average knowledge, skills, or person. This type of experience in a particular evidence is crucial in cases field. These experts are involving scientific, allowed to give opinions on medical, or technical matters within their area of matters. expertise. The Role of Expert Testimony "The opinions of scholars who did not testify only became evidence if they were adopted by the experts as authoritative and thereby read into the body of evidence, or were relied upon by the experts in their own opinions." This statement by Justice Garson in Cowichan Tribes v Canada (Attorney General), 2020 BCSC 1146, highlights the importance of expert testimony in introducing scholarly opinions into evidence. It underscores the role of experts in interpreting and validating complex information for the court. Secondary Evidence: When Primary Sources Are Unavailable Definition Admissibility Evidence that is not original or Generally less preferred than primary, such as copies of primary evidence, but may be documents or hearsay testimony admissible in certain about the contents of a circumstances document Examples Legal Consideration Photocopies of contracts, Courts must weigh the reliability testimony about the contents of a and necessity of secondary lost document, or expert reliance evidence when primary sources on scholarly works are unavailable Distinguishing Primary and Secondary Evidence In Ahousaht v Canada (Attorney General), 2009 BCSC 1494, Justice Garson made an important distinction between primary and secondary evidence. She referred to secondary evidence as "what she called commentary" and noted that experts often relied on scholarly works of other professionals to support their opinions. This distinction highlights the hierarchy of evidence in legal proceedings, with primary sources generally carrying more weight but secondary sources playing a crucial role in supporting expert testimony and filling gaps when primary evidence is unavailable. Oral Evidence: The Power of Spoken Testimony Direct Testimony Witnesses provide firsthand accounts of events or facts relevant to the case Cross-Examination Opposing counsel challenges and tests the credibility of witness testimony Credibility Assessment The court evaluates the reliability and truthfulness of oral testimony Factors Affecting the Weight of Oral Evidence 1 Witness Credibility 2 Consistency of Testimony 3 Demeanor and Body Language 4 Ability to Withstand Cross-Examination 5 Corroboration with Other Evidence The weight given to oral evidence depends on various factors that help the court assess its reliability and truthfulness. Judges and juries consider these elements when evaluating the strength of spoken testimony in legal proceedings. Real Evidence: Tangible Proof in Legal Proceedings Definition Importance Real evidence, also known as physical evidence, refers to Real evidence is often considered highly reliable as it can tangible objects or items that are directly relevant to the be directly observed and examined by the court. It facts in issue. This type of evidence can be physically provides concrete, physical proof that can support or presented and examined in court. refute claims made in a case. Examples of Real Evidence Handling and Presenting Real Evidence Collection Proper gathering and preservation of physical evidence at the crime scene or relevant location Chain of Custody Maintaining a documented trail of possession to ensure evidence integrity Authentication Verifying the authenticity and relevance of the evidence to the case Presentation Introducing the evidence in court and allowing for examination by all parties Documentary Evidence: Written Proof in Legal Cases Definition Types Written or recorded Contracts, letters, emails, materials presented to the business records, and other court as proof of facts written or electronic documents Importance Challenges Provides tangible, often Authentication, contemporaneous records interpretation, and of events or agreements admissibility issues may arise Demonstrative Aids in Documentary Evidence "[Demonstrative aids] must be fair and are not intended to be a form of advocacy akin to a closing address." This quote from O'Kane v Lillqvist-O'Kane, 2021 ABQB 925, highlights the use of demonstrative aids as a form of documentary evidence. These aids, such as charts, graphs, or timelines, can help clarify complex information for the court. However, they must be used fairly and not as a means of advocacy. Judicial Notice: Facts Beyond Dispute Definition Purpose Facts that are so well-known To streamline legal or indisputable that they do proceedings by accepting not require formal proof in certain facts without the court need for evidence Examples Caution Calendar dates, basic Courts must be careful not to scientific principles, or well- take judicial notice of established historical facts controversial or disputed facts Types of Judicially Noticed Facts Adjudicative Facts Legislative Facts Specific facts related to the parties or issues in a General facts that help the court determine the content of particular case. These are usually case-specific and must law and policy. These often involve social, economic, or be proven unless they are so well-known that proof is scientific information that informs legal reasoning and unnecessary. decision-making. Judicial Notice in Practice In the Reference to the Court of Appeal of Quebec, 2019 QCCA 1492, Chief Justice Dickson's approach to judicial notice was mentioned. The case highlighted that courts can take notice of legislative facts, particularly when dealing with matters that could be decisive in a case. This approach underscores the importance of judicial notice in addressing broader legal and policy issues, allowing courts to consider well-established facts without the need for extensive evidence presentation. Challenges in Applying Different Types of Evidence Admissibility 1 Determining which evidence meets legal standards for presentation in court Reliability 2 Assessing the trustworthiness and accuracy of various forms of evidence Interpretation 3 Understanding and applying complex or technical evidence correctly Bias 4 Recognizing and mitigating potential biases in evidence presentation and evaluation