Definitions Flashcards
Definition
Veracity
Is the disposition of a person to refrain from lying, whether generally or in a proceeding.
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Proceeding
Means any proceeding conducted by a court, and any application to a court connected to a proceeding.
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When is evidence relevant?
Evidence is relevant if it has a tendency to prove or disprove anything that is a consequence to the determination of a proceeding
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Evidence
Is the term for the whole body of material which a court or tribunal may take into account in reaching their decision and may be in an oral, written or visual form.
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Circumstantial Evidence
Is evidence of circumstances that do not directly prove any facts in issue, but which allow inferences about the existence of those facts to be drawn.
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Statement
Is a spoken or written assertion or non-verbal conduct of a person intended as an assertion of any matter.
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Incriminate
Is to provide information that is likely to lead to, or increase the likely hood of the prosecution of a person for a criminal offence.
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Propensity
Is evidence about a persons propensity to act in a certain way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which the person is alleged to have been involved in.
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Enforcement Agency
Refers to NZ Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment.
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What is the weight of evidence?
Is its value in relation to the facts inissue and will depend on a wide range of factors such as the extent of which
-it is directly relevant to or conclusive of those facts
-it is supported or contradicted by other evidence produced
or
-the veracity of the witness
Definitions
Direct Evidence
Is any evidence given by a witness as to a fact in issue that they have seen, heard or otherwise experienced.
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How do you give evidence?
Giving evidence is included in offering evidence and may be given
in the ordinary way
-in person orally in front of all parties present
-an affidavit filed in court
-reading a written statement if both prosecution/defence consent its admissible
OR
in an alternative way
-in court but unable to see the defendant or other persons outside the court room
-Video recording
-Audio/visual communication from outside the court room
OR
in any other way provided for by the Evidence Act 2006
Definitions
Witness
A person who gives evidence and is able to be cross-examined in a proceeding
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What are exclusionary rules?
These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit)
Definitions
Hearsay Statement
Is a statement that was made by a person other then the witness, and is offered in evidence in the proceeding to prove the truth of its contents.
This includes statements made out of court by a witness because the maker is available to be cross examined so they are not excluded (but may be excluded by a different rule)
