Credibility of Your Witness


Quiz on readings for lecture 7.
David Isaac
Quiz by David Isaac, updated more than 1 year ago
David Isaac
Created by David Isaac over 7 years ago

Resource summary

Question 1

What is the major rule of attacking the credibility of your witness?
  • You can't engage in general attacks on the character of your own witness.
  • You can only attack the credibility of your witness if a prior inconsistent statement made by them exists.
  • You can only attack their character if they are hostile.

Question 2

What is hostility at common law?
  • When a witness is attempting to sabotage the case of the party that called her.
  • When a witness is not giving evidence fairly with a desire to tell the truth because of a hostile animus toward the party that called her.
  • When a witness gives evidence inconsistent with that which she has already given.

Question 3

What is the consequence of a finding of hostility?
  • Counsel can ask questions about the prior inconsistent statement.
  • Counsel can cross examine the witness at large.
  • Counsel can impeach the trustworthiness of the witness.

Question 4

A witness who meets with the Crown just before trial for an extended period of time but doesn't advise of any problems can be treated as hostile.
  • True
  • False

Question 5

The Canada Evidence Act s. 9(1) holds that you can cross examine the witness regarding...
  • Inconsistencies in recorded statements.
  • Inconsistencies in written statements
  • Inconsistencies in oral statements.

Question 6

What is an adverse witness?
  • One who is unfavourable because she takes a position opposite to that of the party calling her.
  • One who takes a position inconsistent with a more favourable position for the party caller her than she held earlier.
  • One who says something obviously unreliable in support of the party calling her.

Question 7

R v Figliola (2011 ONCA) holds that in order to cross examine under CEA s. 9(2), counsel must show that...
  • There is a recorded inconsistency that is harmful to the party calling the witness.
  • There is an inconsistency that is harmful to the party calling the witness.
  • There is a written inconsistency between the testimony at trial and the written statement.

Question 8

R v Broyles stands for the proposition that...
  • Counsel cannot discuss prior convictions of their own witness until after cross examination.
  • The rule against asking leading questions during examination in chief is very strict, even during the introduction.
  • When introducing a witness, counsel cannot bolster character to the point that doing so becomes the dominant object of the introduction.

Question 9

According to R v Brooks, a warning about credibility must be given when
  • There is concern about credibility
  • The testimony is important to the Crown's case
  • All of the above

Question 10

According to R v Khela, which of the following is NOT an element of the warning that should be given to jurors where the guilt of the accused rests on the testimony of a single doubtful witness?
  • Drawing the attention of the jury to the evidence requiring special scrutiny.
  • Explaining why the evidence needs special scrutiny.
  • Cautioning the jury that it is dangerous to convict on unconfirmed evidence of this sort, but that they can.
  • Informing the jury that the persuasive burden is increased in cases resting on a single doubtful witness.
  • That the jury should look for evidence from another source showing that the untrustworthy witness is telling the truth.
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