Law Society of Ontario (LSO) Paralegal Practice Exam

In a trial, who makes the final decision regarding the admissibility of evidence?

1. The trier of fact

2. The defense attorney

3. The trier of law

4. The prosecuting attorney

The correct answer is: The trier of law

The final decision regarding the admissibility of evidence in a trial is made by the trier of law, typically the judge. This role is critical as the judge interprets the law and ensures that the evidence presented complies with legal standards. The judge evaluates whether the evidence meets criteria such as relevance, reliability, and whether it violates any legal rules, such as privilege or hearsay. In contrast, the trier of fact (often a jury or judge in a bench trial) is responsible for weighing the evidence and determining the facts of the case based on the admissible evidence. Defense and prosecuting attorneys may argue for or against the admissibility of particular pieces of evidence, but they do not have the authority to make the final ruling. Thus, the trier of law plays a crucial role in the judicial process by safeguarding the integrity of the trial and ensuring fair procedures are followed.