Definitions

Question 1

Evidence

Answer 1

The whole body of material which a court or tribunal may take into consideration in reaching their decision

Question 2

Admissible evidence

Answer 2

Evidence that is legally able to be received by a court

Question 3

Relevance

Answer 3

Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding

Question 4

Facts in issue

Answer 4

Those facts which the prosecution must prove to establish the elements of the offence OR which the defendant must prove to succeed with a defence

Question 5

Exclusionary rules

Answer 5

Rules that exclude evidence

Question 6

Weight of evidence

Answer 6

The degree of probative force that can be accorded to the evidence (its value). Depending on a number of factors including:

(1) The extent of which it is directly relevant or conclusive of those facts
(2) The extent to which it is supported or contradicted by other evidence
(3) The veracity of the witness

Question 7

Offer evidence

Answer 7

When a person (party) accepts a proposition e.g. eliciting evidence by cross-examination of a witness

Question 8

Give evidence

Answer 8

A witness gives evidence. Evidence can be given by:

• The ordinary way
• Alternative way e.g. video link
• Any other way provided for by the Evidence Act or any other Enactment

Question 9

Incriminate

Answer 9

To provide information that is likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence

Question 10

Proceeding

Answer 10

A proceeding conducted by a court

Question 11

Statement

Answer 11

A spoken or written assertion by a person (or non-verbal conduct of a person intended by that person as an assertion)

Question 12

Witness

Answer 12

A person who gives evidence and is able to be cross-examined in a proceeding

Question 13

Hearsay statement

Answer 13

A statement that was made by a person other than a witness, and is offered in evidence to prove the truth of it’s contents

Question 14

Veracity

Answer 14

The disposition of a person to refrain from lying

Question 15

Propensity

Answer 15

Evidence about a person’s propensity to act in a particular way or have a particular state of mind

Question 16

Direct evidence

Answer 16

Evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced (e.g. an eyewitness to an offence)

Question 17

Circumstantial evidence

Answer 17

Evidence of circumstances that do not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn

Question 18

Enforcement agency

Answer 18

New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment