Evidence - Basic Principles Flashcards

1
Q

What are facts in issue?

A

The facts that party need to prove in order to prove its case

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2
Q

What are facts in issue for the prosecution?

A

Essentially, they need to prove the offence that is charged

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3
Q

What are facts in issue for theft?

A

Need to prove that: D appropriated property, belonging to another, dishonestly, with an intention of permanently depriving another of it.

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4
Q

What are the ways in which evidence can be established without presenting live evidence?

A

1) Agreeing a witness statement as true by consent of parties
2) Agreeing any fact between the parties
3) A judge or jury to take ‘judicial notice’ of the fact

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5
Q

What happens if a witness statement is agreed as true?

A

No need to have them present in court

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6
Q

What happens if a witness statement is challenged?

A

They will be called and must be challenged orally in court

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7
Q

How are facts agreed between parties?

A

Fact is reduced to writing and both parties agree and sign it

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8
Q

What is judicial notice?

A

This is when facts are just ‘known’, so no point in proving them.

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9
Q

What is judicial notice on enquiry?

A

When a judge knows a fact can be found out, but just need to research it.

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10
Q

Are the jurors allowed to do their own research?

A

Never

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11
Q

What happens if a juror has personal knowledge of a case?

A

They must inform the court, and the judge will deal with it

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12
Q

What are the different types of evidence?

A

1) Oral evidence
2) Written evidence
a. Agreed statements
b. Admitted facts
3) “Real” evidence
4) “Direct” evidence
5) “Circumstantial” evidence
6) A “view”

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13
Q

What is real evidence?

A

Physical items that can be brought to court for inspection

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14
Q

What is direct evidence?

A

First-hand experience of a witness

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15
Q

What is circumstantial evidence?

A

Evidence from which the facts are inferred

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16
Q

What is an example of direct evidence and circumstantial evidence from a train station?

A
  1. Witness saw D at the train station at midnight (direct oral evidence)
  2. A train ticket was found on D with the arrival time at midnight (circumstantial real evidence)
17
Q

What is a “view” in evidence?

A

When juries can visit scene of a crime, or leave to inspect an object that cannot be brought into court

18
Q

What is relevance in evidence?

A

If evidence is irrelevant, it is inadmissible. If its relevant, it is admissible.

19
Q

What is the case of R v Usayi?

A
  • D charged with sexual assault
  • A note from victim which showed her lying about mother passing away
  • Court found insufficient relevance – should not have been admitted
20
Q

What are exclusionary rules?

A

Rules that might exclude evidence

21
Q

What is an example of exclusionary rule with police?

A

If they obtained evidence by illegality, for example

22
Q

Could the weight of evidence affect its admissibility?

23
Q

What is an example of weak evidence and drunk person?

A

Drunk witness catching a fleeting glimpse of person committing a crime

24
Q

Who is the tribunal of fact in criminal cases?

A

1) Magistrates – the Bench of Magistrates / District Judge
2) Crown Court – the Jury

25
Q

Who is the tribunal of law?

A

1) Magistrates – the Bench of Magistrates / District Judge
2) Crown Court – the Judge

26
Q

Are issues of admissibility of evidence matters or fact or law?

A

Matter of law

27
Q

So what is the judge’s role in tribunal of fact / law?

A

They will direct the jury, and it is up for the jury to decide based on the facts

28
Q

What is the issue with the Magistrates not have a jury?

A

They have to hear inadmissible evidence, and then pretend like they didn’t, even though it might sway their decision