Trial Procedures. Chapter 6. The Adversarial System. Trial procedures in Canada are based on the adversarial system : two or more opposing sides present and argue their case in court.
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He or she must be…
Examination-in-chief: the questions a lawyer
asks his or her own witness in court, also known
as direct examination. Leading questions are
not allowed during this examination.
Leading question: a question that already
contains or leads the witness to the desired
Cross-examination: the questions a lawyer asks
a witness called by the opposing side
Similar Fact: shows the accused has committed
similar offences in the past; is meant to establish a
pattern of behaviour; sometimes called “the similar
Hearsay: information that is repeated by a third
party; not coming from the direct experience or
knowledge of a witness (e.g. repeating something
he or she heard someone else say)
Opinion: evidence based on the observations of
an expert who may be paid for the testimony;
expert testimony must be relevant to the case
Character: information about what kind of person
the accused is; indicating the likelihood of their
committing the crime. The defence may introduce
this type of evidence to generate sympathy for
its client, but this also allows the Crown to
question the accused’s character.