Definitions Flashcards
What is evidence?
“Evidence” is the term for the whole body of material which a court or tribunal may take into account in reaching their decision. Evidence may be in oral, written or visual form.
What is admissible evidence?
Evidence is admissible if it is legally able to be received by a court.
What is relevance in terms of evidence?
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.
What are facts in issue?
Facts in issue are those which the prosecution must prove to establish the elements of the offence, or the defendant must prove to succeed with a defence.
What are exclusionary rules?
These are rules that exclude evidence usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it.
What is the weight of evidence?
The weight of evidence is its value in relation to the facts in issue, depending on various factors such as relevance, support by other evidence, and witness veracity.
What does it mean to offer evidence?
Evidence must be elicited before it is offered; it becomes so when the witness accepts the proposition.
What does it mean to give evidence?
Giving evidence is included in offering evidence; a witness gives evidence, and a party offers evidence.
What does it mean to 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.
What is a proceeding?
This means a proceeding conducted by a court, and any application to a court connected with a proceeding.
What is a statement?
This is a spoken or written assertion by a person, or non-verbal conduct of a person intended as an assertion of any matter.
What is a witness?
This is a person who gives evidence and is able to be cross-examined in a proceeding.
What is a hearsay statement?
This is a statement made by a person other than a witness, offered in evidence to prove the truth of its contents.
What is veracity?
This is the disposition of a person to refrain from lying, whether generally or in a proceeding.
What is propensity evidence?
Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind.
What is direct evidence?
This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced.
What is circumstantial evidence?
This is 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.
What is an opinion in legal terms?
A statement of opinion that tends to prove or disprove a fact.
What is a hostile witness?
Hostile, in relation to a witness, means that the witness exhibits a lack of veracity when giving evidence unfavourable to the party who called the witness.
