DEFINITIONS
An examination that is designed to determine the admissibility of a proposed piece of evidence in the absence of the trier of fact
What is a Voir Dire?
This inquiry investigated pediatric forensic pathology in Ontario
What is the Goudge Inquiry?
The standard of proof in a criminal case
What is Beyond a Reasonable Doubt?
This individual performs the role of the trier of law in all cases
Who is the Judge?
A fact that relates to any matter in dispute between the parties
What is a Material Fact?
The method of applying rules of evidence by reference to the policy underlying the rules
What is the Principled Approach?
This judge was discussed in class to illustrate the idea that judges must be, and appear to be, impartial
Who is Justice Bernd Zabel?
The standard of proof in a civil case
What is Balance of Probabilities?
The pre-trial sharing of evidence that occurs in a criminal case
What is Disclosure?
A fact that logically helps to prove a material fact in a proceeding
What is a Relevant Fact?
The fundamental legal right entitling a person to a fair and unbiased hearing
What is Natural Justice?
This case was discussed in class to illustrate the principle that fresh evidence is rarely admitted on appeal
What is the Shafia Case?
The party who holds the burden of proof in a criminal case
Who is the Crown?
This type of civil discovery that involves questioning under oath
What is Examination for Discovery?
Indirect evidence from which the trier of fact can logically infer the existence of a material fact
What is Circumstantial Evidence?
A test of whether the defence to a charge is reasonable in light of the evidence
What is the Air of Reality Test?
This SCC case defined a relevant fact as any item of evidence that has a tendency to increase or diminish the probability of the existence of a fact in issue
What is R. v. Arp?
The party who holds the burden of proof in a civil case
Who is the Plaintiff?
Circumstantial evidence that involves considering the behaviour of an individual after the alleged act
What is After The Fact Conduct?
Crime scene photos are often excluded on the basis that they have high ___________
What is Prejudicial Effect?
When the judge directs that the accused be acquitted because the Crown has not made a prima facie case
What is a Directed Verdict?
The phrase "air of reality" comes from this case
What is R. v. Pappajohn?
The leading case on reasonable doubt, involving a stock broker charged with fraud
What is R. v. Lifchus?
The main source of evidence law
What is the Common Law?
The general exclusionary discretion of the court involves the balancing of these two factors.
What is probative value and prejudicial effect?