11 dec When Can the Evidence Given by a Witness Be Used against Him or Her in Court
(7) No proposed witness under fourteen years of age may be questioned on his understanding of the nature of the promise to tell the truth in order to determine whether his or her testimony should be presented in court. 2. Where a person makes a solemn declaration in accordance with paragraph 1, his testimony shall be given and shall produce the same effect as under oath. Pre-trial hearing – A hearing in which the judge decides if there is enough evidence to bring the accused to justice. Pre-negotiations do not require the same rules as court proceedings. For example, hearsay is often admissible during the preliminary hearing, but not at the main hearing. Defence Table – The table where the defence lawyer sits with the accused in the courtroom. Plea – In criminal proceedings, the defendant pleads “guilty” or “not guilty” in open court. An objection from Nolo Contendere or an Alford objection may also be raised. An admission of guilt allows the accused to waive a trial.
During a trial, a defense attorney may attempt to undermine the credibility of an eyewitness and cause the judge or jury to question his or her testimony. Some common tactics are to show that the witness is inconsistent in his or her testimony if his or her statements differ in a previous trial or police questioning. They may also offer other types of evidence that contradict the testimony to challenge the testimony. (2) If a witness refuses to answer a question on the ground that his answer might lead to the incrimination or establishment of civil liability at the instigation of the Crown or a person, and if it is not a question of that law or the law of a lawmaker of the Land, the witness would have been excused from answering the question: and although the witness is compelled to answer under this Act or the Provincial Act, the answer so given shall not be used or admissible as evidence against him in criminal or other subsequent criminal proceedings against him, except for perjury in such testimony or for giving contradictory testimony. Section 15 (1) If a person who, in a proceeding or on an occasion in or in connection with an affidavit, is unwilling or unwilling or intending to take an affidavit or to testify, whether on taking office or otherwise, the court or judge or another officer or other person, who is capable of making affidavits or declarations to enable the person to make a solemn declaration with the following words, namely, “I, solemnly certify, etc.”, and this solemn confirmation has the same force and effect as if that person had taken an oath. Exhibit – Physical evidence or documents presented in legal proceedings. Common exhibits include contracts, weapons, and photographs. Judgment – The official decision of a court that finally decides on the respective rights and claims of the parties to a dispute. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time.
Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Expert opinion – A written statement by a judge about a court decision. In an appeal, several opinions can be written. The decision of the court emanates from the majority of the judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the Court`s final result, but offers further comments, perhaps because they disagree with how the court reached its conclusion.
First hearing – judicial proceedings in which the accused becomes aware of his rights and the charges against him and the judge decides on bail. Appeal – An application at the end of a trial that asks another court (usually the Court of Appeal) to decide whether the proceedings were properly conducted. To make such a request is to “appeal” or “to appeal”. Both the plaintiff and the defendant can appeal, and the party who does so is called the plaintiff. Appeals may be made for a variety of reasons, including due process and asking the court to change its interpretation of the law. Vocation – About vocations; A court of appeal has jurisdiction to review the judgment of another lower court. Brief – A formal written order of the court that requires the performance of a specific act. Chief Justice – The judge who has primary responsibility for the administration of a court. The President also decides on business, and the choice of Presidents is determined by seniority.
Conviction – A guilty verdict against an accused. nolo contendere – No competition. Has the same effect as an admission of guilt with respect to the criminal conviction, but the plea cannot be considered an admission of guilt for other purposes. Sometimes an admission of guilt could later be used to show errors in a trial, but the nolo contendere plea requires the plaintiff in the trial to prove that the defendant committed the crime. 9. (1) A party presenting a witness shall not be permitted to tarnish his or her credibility with general evidence of bad character, but if, in the opinion of the court, the witness is found to be unfavourable, the party may contradict the witness with other evidence or by obtaining permission from the court to prove that the witness made a statement at other times, which is inconsistent with his present statement. However, before the latter evidence can be produced, the witness must be informed of the circumstances of the alleged testimony that are sufficient to identify the particular occasion and is asked whether or not he made the statement.
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