Evidence Flashcards
What is the standard of proof in civil proceedings and who bears the burden of proof?
Balance of probabilities, and lies on the party making the allegation (usually claimant unless counterclaim)
Evidence in civil proceedings is admissible, provided that it is relevant to the facts pleaded. True or false?
True
What is hearsay evidence and is it admissible?
Where the person giving evidence tells the court about a statement made by somebody else. It is admissible, provided that he statement is not a mere opinion.
If a court orders that expert evidence is needed, each party must instruct their own expert. True or false?
False, parties can agree a single joint expert.
What is a single joint expert?
One expert agreed by both parties to give evidence.
What is opinion evidence and is it relevant?
Opinion of a particular witness as opposed to a direct account of facts. Not admissible
Exceptions on admissibility of opinion evidence
- Evidence based on facts perceived by the witness (e.g. it was cold outside)
- Expert opinion evidence
Is the statement “he was too drunk to ride his bike” admissible evidence?
No
What 4 considerations must a solicitor make when determining whether hearsay evidence is admissible or inadmissible?
- Does the evidence fall under the definition of hearsay?
- Is the hearsay evidence admissible according to the test?
- Have the procedural requirements to use hearsay evidence been complied with?
- What weight is the court likely to attach to the hearsay evidence?
Is the following statement hearsay?: “Joshua said at the scene that the car was travelling at approximately 50 mph”. Why?
Yes:
- The statement is made outside of court
- It is then repeated by somebody in court (witness)
- to prove the truth of the matter stated
A claimant is bringing a claim against a defendant for breach of contract. The claimant alleges that the parties verbally agreed to a term
of the contract when they met to finalise matters. The defendant denies that any agreement on any such term was reached. There were
no witnesses and the case rests on the claimant’s word against the defendant’s.
Which of the following best describes the burden of proof that the court will apply in deciding the issue?
A. The burden of proof lies with the claimant to prove the allegation on the balance of probabilities.
B. The burden of proof lies with the defendant to disprove the allegation on the balance of probabilities.
C. The burden of proof lies with neither party; the court will take a view on the facts as they present themselves on the balance of
probabilities.
D. The burden of proof lies with the defendant to prove their defence on the balance of probabilities.
E. The burden of proof lies with the claimant to prove the allegation beyond reasonable doubt.
A. The burden of proof lies with the claimant to prove the allegation on the balance of probabilities.
A witness provides a statement in relation to a road traffic accident claim. In the statement, the witness states that the vehicle being
driven by the defendant was ‘unroadworthy’ and that the defendant had ‘clearly let the car fall below the standard you would expect of a
vehicle in England’.
Which of the following best describes the admissibility of this statement?
A. The statement is admissible as it is a statement based on the facts witnessed.
B. The statement is admissible as it is a perception of a relevant fact.
C. The statement is admissible. Even though it is an opinion, it relates to a material and relevant fact in issue.
D. The statement is inadmissible as it is merely an opinion.
E. The statement is inadmissible as the condition of the vehicle is not a relevant fact for the court to consider.
D. The statement is inadmissible as it is merely an opinion.
A claimant is required to file and serve witness statements on the defendant. The claimant consults their solicitor and instructs them to
draft their witness statement using the facts given to the solicitor in the initial interview.
Which of the following best describes how the solicitor should proceed?
A. The solicitor should refuse to draft the client’s statement, as any witness statement filed with the court and served on the opposing
party needs to be drafted by the witness themselves to preserve its authenticity.
B. The solicitor should proceed to draft the claimant’s statement, but this should be in the claimant’s own words as much as possible.
C. The solicitor should proceed to draft the claimant’s statement so that it uses the facts to support each of the criteria that the claimant
needs to prove to be successful in their cause of action.
D. The solicitor should proceed to draft the claimant’s statement by copying the notes from the initial interview and adding a statement
of truth to ensure that the statement is compliant with procedural rules.
E. The solicitor should refuse to draft the client’s statement unless the claimant attends a further interview in which the specifics of the case are discussed in greater depth.
B. The solicitor should proceed to draft the claimant’s statement, but this should be in the claimant’s own words as much as possible.
A claimant issues proceedings against a defendant for damages relating to personal injury caused by the defendant’s negligent driving.
A witness provides a statement saying that they were told by an individual who was a witness to the road traffic accident that the driver
was travelling at approximately 45 mph at the time of the collision. The witness who provided the witness statement will not be
attending the trial to give oral evidence.
Which of the following best reflects the way that the court will view this witness statement?
A. The court will exclude the evidence on the basis that hearsay evidence is inadmissible.
B. The court will exclude the evidence on the basis that hearsay evidence is only admissible where the witness attends court to be
cross-examined on it.
C. The court will regard the evidence as inadmissible, as the hearsay evidence must be in relation to a perception of a relevant fact to be admissible. The speed that the car was travelling at is simply an opinion.
D. The court will regard the evidence as inadmissible as the original provider of the statement has not provided a witness statement to
support it.
E. The whole statement will be viewed as admissible hearsay evidence as the witness is not attending court to give oral evidence, but
the statement itself does relate to a perception of a relevant fact.
E. The whole statement will be viewed as admissible hearsay evidence as the witness is not attending court to give oral evidence, but
the statement itself does relate to a perception of a relevant fact.
A claimant company commences proceedings against a local authority for breach of contract. The claim relates to the local authority
refusing to pay for an order of 100 headphones as the goods developed two faults - one with the earpieces and the other with the
microphones. The damages claimed are in the region of £500. The claimant company would like to instruct two experts: one to assess
the earpieces and the other to assess the microphones.
Which of the following best represents the likely position of the court?
A. The court will allow the instruction of two experts as they are needed to assist the trial judge with making a determination on the cause of action.
B. The court will allow the instruction of two experts, provided that they are instructed jointly between the claimant and defendant.
C. The court will not allow the instruction of two experts on a claim involving low value as it is incompatible with the overriding objective.
D. The court will not allow the instruction of any experts on a claim involving low value.
E. The court will allow the instruction of two experts, provided that the claimant pays for both of them.
C. The court will not allow the instruction of two experts on a claim involving low value as it is incompatible with the overriding objective.
