Law Society of Ontario (LSO) Paralegal Practice Exam

How does a trier of fact assess evidence during a trial?

1. By following legal precedents strictly

2. By consulting with the prosecutor's theories

3. By addressing credibility and reliability of the evidence

4. By taking notes on witness testimonies

The correct answer is: By addressing credibility and reliability of the evidence

The assessment of evidence by a trier of fact, which could be a judge or a jury, relies heavily on evaluating both the credibility and reliability of that evidence. This process involves looking at whether a witness can be trusted to provide accurate information (credibility) and whether the evidence presented can be deemed dependable based on its origins and context (reliability). In a trial, the trier of fact must critically analyze the evidence, understanding that different pieces may hold varying weights in terms of their influence on the case's outcome. This assessment can involve considering factors such as the witness's demeanor, potential biases, the consistency of their testimonies, and the overall context in which the evidence is presented. While other options involve aspects of trial procedure or strategy, they do not directly reflect the core evaluative role that the trier of fact plays in determining the value of the evidence being presented. Thus, focusing on credibility and reliability directly addresses the essential task at hand for the trier of fact, which is to arrive at a fair and just conclusion based on the evidence available.