Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

My CIB Modules > Evidence > Flashcards

Evidence Flashcards

1
Q

Definition

Evidence

A

The whole body of material which a court or tribunal may take into account in reaching their decision. May be in oral, written or visual form.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definition

Admissible Evidence

A

Evidence is admissible if it is legally able to be received by a court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Definition

Relevance

A

Evidence is relevant “If it has a tendency to prove or disprove anything that is of consequence to the determination for a proceeding”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Definition

Facts in Issue

A

Facts in issue are those which:
1. The prosecution must prove to establish elements of the offence
2. The defence must prove to succeed with a defence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Definition

Exclusionary rules

A

Rules that exclude evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Definition

Weight of evidence

A

The value of hte evidence in relation to hte facts in issue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Definition

Offer evidence

A

Evidence must be elicited before it is ‘offered’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Definition

Incriminate

A

Provide information that increases the likelyhood of a prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Definition

Proceeding

A

A procceding conducted by a court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Definition

Statement

A

A spoken or written assertion by a person or non-verbal conduct intended to be an assertion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Defintion

Witness

A

A person who gives evidence at a proceeding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Definition

Hearsay Statement

A

A statement made by a person other than a witness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Definition

Veracity

A

The disposition of a person to refrain from lying.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Definition

Propensity Evidence

A

Evidence about a person’s propensity to act in a particular way.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Definition

Direct Evidence

A

Evidence given by a witness as to a fact in issue that he has personally seen/heard/experienced.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Definition

Circumstanital Evidence

A

Evidence that does not prove a fact in issue but allows inferences about the existence to be drawn.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Definition

Enforcement Agency

A

Any organisation that has a statutory responsibility for enforcement of an enactment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Chapter 1

What is the Woolmington Principal?

A

That the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Chapter 1

How do ‘welfare regulatory’ offences work in conjunction with the Woolmington principal?

A

They are strict liability offences and do not follow the Woolmington Principal as the defendant must prove a total absence of fault.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Chapter 1

What are the two standards of ‘Burden of Proof’?

A

Beyond Reasonable Doubt for the Crown

Balance of probabilities for the defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Chapter 1

What are the three ways of giving evidence?

A
  1. Ordinary way
  2. Alternative way
  3. Any other way provided for by the Evidence Act 2006
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Chapter 2

What are the two main execptions to giving evidence as to a fact?

A
  1. Judicial notice is taken
  2. Facts are formally admitted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Chapter 2

What is Judcial Notice?

A

When the court directs the jury that a fact exists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Chapter 2

What does S128 of the Evidence Act hold?

A

A judge may give notice of an uncontroverted fact.

Such as that Christmas is on the 25th fo Decemeber.

24
Q

Chapter 2

What does S129 of the Evidence Act hold?

A

Reliably published documents may be admitted as evidence

25
Q

Chapter 2

What does it mean for a fact to be formally admitted?

A

Either party can accept that some evidence is accepted or proven at the outset and does not need to be discussed.

26
Q

Chapter 2

What are the three things that are assessed by the court when determining if something is admissible?

A
  1. Relevance
  2. Reliability
  3. Unfairness
27
Q

Chapter 2

What does Section 7 of the Evidence Act 2006 hold?

A

Evidence that is not relevant is not admissable

28
Q

Chapter 2

Can unreliable evidence be admitted?

A

Yes, but it can also be excluded or presented with a judicial notice.

29
Q

Chapter 2

What does S8 of the Evidence Act 2006 hold?

A

Evidence can be excluded if it would result in unfairness.
The test is balancing the value of the evidence against the risk that it will:
1. Have an unfair effect on the proceeding
2. Needlessly prolong the proceeding

30
Q

Chapter 2

What does S9 of the Evidence Act 2006 hold?

A

Evidence can be handed up where parties agree.

31
Q

Chapter 3

When is veracity evidence admissable?

A

When it is substantially helpful in assessing the veracity of a person OR a defendant has first offered it about himself or a co-defendant.

S37 - S39 Evidence Act 2006

32
Q

When is propensity evidence admissible?

A
  1. When a defendant first offers it about himself
  2. When it is about a person other than the defendant
  3. When the evidence is sufficiently similar to the matter in the proceeding.
33
Q

What do the exclusive rules of evidence deal with?

A

-Veracity
-Improperly obtained evidence
-Propensity
-Hearsay
-Opinion
-Identification

“VIP HOI”

34
Q

What does S25 of the Evidence Act hold?

A

Expert evidence rules

35
Q

What is the definition of an expert?

A

S4 Evidence Act 2006:

“A person who has specialised knowledge or skill based on training, study or experience”.

36
Q

Who is eligible to give evidence?

A

S71:
A) Any person is eligible to give evidence,
B) A person who is eligible to give evidence is compellable to give that evidence

37
Q

What does S73 of the Evidence Act 2006 hold?

A

A defendant is eligible but is not compellable to give evidence.

An associated defendant who is not on trial can be compelled to give evidence

38
Q

What does S72 of the Evidence Act 2006 hold?

A

Judges and counsel are not eligible to give evidence in a proceeding. A juror may give evidence with permission of the judge, but they are then excused from the Jury.

39
Q

What does S74 of the Evidence Act 2006 hold?

A

The sovereign is not compellable to give evidence.

40
Q

What is the definition of privilege?

A

The right to refuse to disclose or to prevent disclosure
of what would otherwise be admissible

41
Q

What are the six primary types of privilege in the Evidence Act 2006?

A

S54 - Legal advisor
S55 - Solicitor’s trust accounts
S56 - Prepatory materials for proceedings
S57 - Settlement negociations
S58 - Commuication with ministers of religion
S59 - Medical and psychologists

LTPSRM - Let’s Teach Police Some Respect and Manners

42
Q

What is the corroboration rule?

A

Evidence presented to the court can be accepted without corroboration (S121)

43
Q

What offences are the exception to this corroboration rule?

A

Treason and Perjury

44
Q

What instructions can give relating to uncorroborated evidence?

A

If a judge is of the opinion that uncorroborated evidence may be unreliable he may warn the jury to exercise caution.

45
Q

What are the 4 categories of offending?

A

1 - Non-imprisonable - JAT
2- Less than 2 years imprisonable -JAT
3 - Greater than 2 years imprisonment - JAT or Jury
4 - Specified offences - High court Jury

46
Q

Who may comment on the defendant not giving evidence?

A

The defence OR the judge (although this is unlikely).

47
Q

How can leading questions be asked when giving evidence?

A

-When it relates to undisputed matters
-With the consent of the other party
-With the judge’s consent.
-During cross examination

48
Q

What must be satisfied before a written record can be used to refresh memory inside court?

A

-Permission of judge
-Has been shown to every party
-Was written at a time when the author’s memory was fresh.

49
Q

What is the previous consistent statements rule?

A

They are inadmissible unless they are presented in response to a challenge to the witnesses veracity. The judge will only permit as many statements as necessary.

50
Q

What is a hostile witness?

A

A witness called by a party that gives evidence inconsistent with a statement they’ve previously made to try and be unhelpful OR refuses to answer questions.

51
Q

What does having a witness declared hostile enable?

A

For the prosecutor to ‘cross examine’ the witness.

52
Q

What is the purpose of the Evidence Act 2006?

A
  1. Allowing facts to be estabilished
  2. Complying with BOR 1990
  3. Promoting fairness
  4. Protecting confidentialitly
  5. Avoiding expense and delay
  6. Enhancing access to the law of evidence

FCFCEA

53
Q

What are the two ways that unfairness may arise?

A
  1. It would create unfair prejudice
  2. It was unfairly obtained
54
Q

What is the purpose of cross-examination?

A
  1. To elicit information suporting the of the cross-examining party
  2. To challenge the accuracy of the testimony given in evidence in chief.
55
Q

What does S92 of the Evidence Act 2006 hold?

A

Cross examination duties:

Defence must cross-examine a witness on significant matters that are in relevant or in issue. If this is not done, then a prosecution witness may later be recalled to rebut a defence argument.

56
Q

What does S85 of the Evidence Act 2006 hold?

A

A judge may disallow or direct that a witness is not obliged to answer an unacceptable question.

57
Q

What makes someone unavailable to be a witness?

A
  1. Death
  2. Outside of NZ and unable to reasonably return.
  3. Is unfit to be a witness because of age, physical, mental condition
  4. Cannot be identified or found
  5. Is not compellable

DO U CC

My CIB Modules (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions