Definitions Flashcards
Evidence
Whole body of material which a court or tribunal may take into account in reaching its decision
Oral, written or visual
Admissable evidence
Legally able to be received by a court
Relavance
Evidence is related if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding
Facts in issue
Facts in issues are those which
- prosecution must prove to establish the elements of the offence
- the defendant must prove to succeed with a defense, in respect of which he or she carries the burden of proof
Give evidence
Witness gives
Party offers. Party testifying gives and offers
Ordinary way- either orally in a courtroom in the presence of a judge, jury, parties counsel etc or in a affidavit filed in court or by reading a written statement in courtroom if prosecution and defense consent
Alternative way- in courtroom but unable to see the defendant. Outside the courtroom via video recording made before the court
Other way- in any other way
Statement
Spoken or written assertion or non verbal conduct of a person intended by that person as an assertion of any matter
Witness
Gives evidence and is able to be cross-examined in a proceeding
Hearsay Statement
Statement thst was made by a person other than a witness and is offered in evidence in the proceeding to prove the truth of its contents.
Veracity
Disposition of a person to refrain from lying, whether generally or in a proceeding
Propensity
Evidence about a person’s propensity to act in a particular way or have a particular state of mind and includes evidence of omissions, events or circumstances with which a person is alleged to have been involved
Direct evidence
Evidence given by a witness as to a fact in issue that he/she has seen heard or otherwise experienced
Circumstantial Evidence
Evidence of circumstances that do not directly prove and fact in issue but which allow inferences about the existence of those facts to be drawn
