NCA Grad Tips: Mastering the Canadian Evidence Law Exam
Greetings to all NCA candidates who are either enrolled in or considering taking the Canadian Evidence Law exam as an elective. In today's blog, I'll share my experience and provide tips to help you excel in this exam, aiding you in making decisions regarding your electives and exam preparation.
Initial Thoughts:
Having always been intrigued by Evidence Law but never having the opportunity to study it during my LL.B studies, I decided to take on this subject during my NCA exams. Although it may appear as a daunting subject with technical intricacies to master, the NCA exam itself is quite straightforward as long as you study diligently. Allow ample time to study for this exam as it's worthwhile to thoroughly grasp all the rules, exceptions, and some procedural aspects of the subject.
Why Take This Exam?
If your career goal involves becoming a litigator, a profound understanding of evidence rules will prove invaluable. The subject is equally fascinating for those interested in criminal law (with a fair share of civil evidence on the exam too).
Difficulty and Key Focuses:
The exam, in itself, is not overly challenging. It primarily consists of multiple-choice or true/false questions, with a few short answers that require explanations for your previous choices. Typically, there are around 100 questions or slightly less, providing ample time to complete the exam within the given timeframe. Personally, I finished answering all the questions in less than an hour, allowing me to review my answers thoroughly before leaving the exam hall (no one can leave before the first 60 minutes are up!).
Studying for the exam, however, can be quite daunting. Take your time to grasp the technical nuances of more complex areas, such as hearsay and circumstantial evidence. Given the quantity of questions, everything from the syllabus is fair game, so it's not feasible to claim that some sections are more important than others. What matters most is ensuring a comprehensive understanding of how various types of evidence function and are admissible, as multiple-choice and true/false questions can pinpoint subtle details.
Lastly, don't overlook civil law cases. While evidentiary rules for criminal cases may be more intriguing and complex, neglecting the civil side of evidence law is unwise. Although rules are generally simpler and evidence thresholds lower in civil cases, it's essential to comprehend where the two areas diverge. In my estimation, around 30 - 40% of my exam consisted of civil law-related questions, with the rest focusing on criminal aspects.
Things to Look Out For:
The multiple-choice sample questions on the NCA exam are quite useful for preparation, providing a feel for the required level of detail and question format. Make sure to utilize these samples for self-testing and practice before the actual exam. Note that some questions offer a choice of cases, and you must select the one that best addresses the question or contains the stated principle. In such cases, having an organized case list, both alphabetically and by subject, can be extremely helpful.
As mentioned earlier, everything from the syllabus is fair game. However, the subjects of hearsay and circumstantial evidence can be tricky, so invest some time in understanding them. Before delving into these advanced rules of evidence, ensure you have a firm grasp on witness credibility and the basic rules of admissibility, as these form the foundation of your knowledge. Additionally, be clear about the distinctions between opinion evidence and witness evidence to avoid confusion.
Lastly, thoroughly comprehend the nuances of evidence in sexual assault cases, where the normal rules of evidence may be adjusted to ensure the proper protection of all parties. Particular attention should be given to understanding R. v. Barton to appreciate the concerns surrounding prejudice that certain types of evidence can raise in sexual assault cases.
Resources:
One of the most valuable resources that greatly helped me was Peter Sankoff's evidence law videos. Professor Sankoff, who teaches evidence law at the University of Alberta, presents the subject in a highly accessible manner through his animated, narrative videos. These videos are especially beneficial for challenging areas like hearsay, as he provides relatable examples.
If you click here, you'll also find the alphabetical case list I used during the exam, as well as some mind-maps focused on witness credibility and admissibility for your review!
Happy Studying!
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