David Isaac
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Quiz on the readings for lecture 2.

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David Isaac
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Basic Concepts Part II

Question 1 of 7

1

According to R v Arcuri, what is the task of the preliminary inquiry judge?

Select one of the following:

  • Draw limited inferences from facts and assess credibility.

  • Determine if, assuming the Crown's evidence is believed, it would be reasonable for a properly instructed jury to infer guilt.

  • Determine whether the accused is likely guilty or not.

Explanation

Question 2 of 7

1

According to R v Lifchus, how should a judge explain the concept of "reasonable doubt" to jurors?

Select one of the following:

  • By describing it as an ordinary concept.

  • By describing it as the standard they would use make important decisions in their own lives.

  • By describing it as doubt for which the juror can give a reason.

  • By describing it as based on reason and common sense, logically derived from evidence or absence of evidence.

  • By modifying "reasonable doubt" with words such as haunting, substantial, and serious.

Explanation

Question 3 of 7

1

What is the evidentiary burden?

Select one of the following:

  • The burden to adduce evidence capable of supporting a decision in that party's favour before the issue can go to the trier of fact.

  • The burden of the Crown to provide the accused with full and continuing disclosure.

  • The burden of the trier of fact to only consider evidence brought by opposing parties, not evidence they have found on their own accord.

Explanation

Question 4 of 7

1

What is the difference in the issue addressed in a motion for non-suit vs. a summary judgment?

Select one of the following:

  • A motion for non-suit claims that the opposing side has not met the evidentiary burden, while a motion for summary judgment claims that the opposing side's argument is too weak to succeed.

  • A motion for non-suit claims that the opposing side has not proven its claims beyond a reasonable doubt, while motion for summary judgment claims that the opposing side's argument cannot succeed for procedural reasons.

  • A motion for non-suit claims that the opposing side has failed to show a cause of action, while a motion for summary judgment claims that the opposing side's argument is based on facts that are not sufficiently detailed.

Explanation

Question 5 of 7

1

What is a directed verdict?

Select one of the following:

  • When the trial judge rules that the accused has not discharged her evidentiary burden.

  • When the trial judge rules that the Crown has not discharged its evidentiary burden.

  • When the trial judge rules that neither the Crown nor the accused have discharged their evidentiary burden.

Explanation

Question 6 of 7

1

What does a trial judge NOT do in a directed verdict?

Select one of the following:

  • Determine whether there is any admissible evidence.

  • Determine whether a properly charged jury would be able to justify a conviction based on the evidence.

  • Weigh the evidence.

Explanation

Question 7 of 7

1

When can a defence be put in issue?

Select one of the following:

  • When the defence is raised by the accused.

  • When the defence has an evidentiary basis.

  • When the defence can be proved beyond a reasonable doubt.

Explanation