Definitions Flashcards
Evidence
whole body of material which a court or tribunal may take into account in reaching their decision
Admissible evidence
evidence is admissible if it is legally able to be received by the court
Relevance
evidence is relevant if it has tendency to prove or disprove anything that is of consequence to the determination of a proceeding
Facts in issue
Fact which:
- The prosecution must prove to establish the elements of the offence
- The defendant must prove to succeed with a defence in respect which he or she carries the burden of proof.
Exclusionary rules
rules that exclude evidence (usually because it is unreliable, unduly prejudicial, or otherwise unfair to admit it.
Weight of evidence
Weight of evidence is its value in relation to the facts in issue, depends on factors such as
- The extent to which if accepted it is directly relevant or conclusive of, those facts
- the extent to which it is supported or contradicted by other evidence produced.
- The veracity of the witness.
Weight is the degree of probative force that can be accorded to the evidence.
Offering Evidence
Evidence must be elicited before it is offered merely putting a proposition to a witness is not offering evidence, it becomes so when the witness accepts the proposition.
Offering evidence in the evidence act includes eliciting evidence by cross examination of a witness called by another party.
Give evidence
Includes offering evidence, a witness gives evidence, a party offers evidence, a party who testifies both gives and offers evidence
In a proceeding evidence may be given in what ways
In an ordinary way, either orally in a courtroom in the presence of a judge or jury, parties to the proceeding, counsel , and members of the public allowed by the judge. Or in an affidavit filed in court, or by reading a written statement in a courtroom if both prosecution and defence consent, the statement is admissible and it is the personal statement of the deponent or maker.
In an ordinary way, either orally in a courtroom in the presence of a judge or jury, parties to the proceeding, counsel , and members of the public allowed by the judge. Or in an affidavit filed in court, or by reading a written statement in a courtroom if both prosecution and defence consent, the statement is admissible and it is the personal statement of the deponent or maker.
In any other way provided for by the evidence act
Incriminate
to incriminate is to provide information that is reasonably likely to lead to or increase the likelihood of the prosecution of a person for a criminal offence.
Proceeding
this means a proceeding conducted by a court and any application to a court connected to a proceeding
Statement
this is a spoken or written assertion by a person or a non verbal conduct of a person intended by that person as an assertion of any matter.
Witness
this is a person who give evidence and is able to be cross examined in a proceeding
Hearsay statement
statement that was made by a person other than a witness and is offered in evidence in the proceeding to prove the truth of its contents.
This definition means that out of court statements made by a witness are not excluded by the hearsay rule because the maker is available to be cross examined, such statements may still be excluded by a different rule, a statement offered for some purpose other than proving the truth of its contents, for example merely to show that the statement was made or uttered is not a hearsay statement.
Veracity
this is the disposition of a person to refrain from lying, whether generally or in a proceeding
