Brainscape's Knowledge GenomeTM

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


See full index

CIB/CPK Study Cards - email BHCC36 > Evidence - CIB009- Part 1 > Flashcards

Evidence - CIB009- Part 1 Flashcards

1
Q

Where the onus falls on the defence to prove particular element the standard of proof required is?

A
  • On the balance of probabilities
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The general purpose of the examination-in-chef is to?

A
  • Elicit testimony
  • that supports the case
  • of the party calling that witness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Corroboration of a complainants statement is not necessary in a criminal proceeding except for the following offence?

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

A witness is eligible to give evidence if?

A
  • They are lawfully able to give evidence

- on behalf of prosecution and defence

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

Where an expert is called to give specialised evidence they must?

A
  • Demonstrate to the court

- qualifications to be deemed an expert

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

What 4 fundamental principles of evidence law do the Court need to consider in deciding whether evidence is admissible?

A
  • Relevance
  • Reliability
  • Unfairness
  • Public interest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

a - What is a leading question?

b - What the general rule in relation to leading questions

A

a - Suggests a particular answer directly or indirectly

b - Cannot be asked during examination-in-chef or re- examination

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

Define a hostile witness pursuant to section 4 of the Evidence Act 2006?

A
  • Gives inconsistent evidence to statement with intention to be unhelpful to party that called the witness.
  • Has a lack of accuracy when giving evidence that is unfavourable to party that called the witness
  • Refuses to answers questions or deliberately withholds evidence.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Briefly explain what a “void dire” is

A
  • Hearing where is evidence is heard
  • to prove the facts
  • for deciding whether other evidence should be admitted
  • conducted without a jury present
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define the following

A- Witness

A
  • Person who give evidence and can be cross-examined

- person actively engaged in giving evidence or previously given evidence

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

What does propensity evidence mean?

A
  • Evidence about a person propensity
  • to act in particular way
  • or have a particular state of mind
  • includes evidence of acts, omission, events or circumstances
  • which the person is alleged to have been involved
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

List 4 categories of privilege?

A
  • Police informant
  • Public policy
  • Professional confidences
  • Privilege against self-incrimination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explain what is meant by burden of proof?

A
  • Whoever presents something must prove it
  • prosecutor must prove is the defendant is guilty
  • rather than defendant prove they are innocent.
  • Every element must be proven beyond reasonable doubt.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Before giving evidence in court the witness may refresh their memory from?

A
  • Their original statement and/or

- their disposition

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

Which of these statement is correct regarding the eligibility and compellability of a witness in a proceeding?
a- any person who is eligible to give evidence is compellable
b- a married person whilst eligible is not compelled to give evidence against their spouse
c- any person who is eligible may not be compellable
d- a 12 year old child is eligible but not compellable to give evidence in a proceeding.

A

a - Any person who is eligible to give evidence is compellable

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

A person is unavailable as a witness when?

A
  • The person is overseas and can’t be contacted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When giving evidence in Court who should address the Judge as?

A
  • Your honour or Sir/Ma’am
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The Court has discretion to include propensity evidence against a defendant if?

A
  • The relevance of the evidence

- outweighs the prejudicial effect.

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

In relation to privilege of medical practitioners “protected communication” refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient: Which ones are correct?
1 - who is suffering for a drug dependency
2- who has any other condition or behaviour that manifests itself in criminal conduct
3- who has provided information concerning their family
4- Who is suffering from a mental illness

A
  • 1 and 2 are correct
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

It is not necessary in Court to prove uncontroverted facts. There are admitted as?

A
  • Judicial notice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Section 25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence then in order to comply with Section 25 the opinion must:
a- be that of an expert
b - Comprise expert evidence
c- offer substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding
d - all of the above

A

d - all of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the definition of a hearsay statement?

A
  • Statement that is
  • made by a person other than the witness
  • offered in evidence to prove the truth of its content
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Define the term statement?

A
  • A spoken or written
  • Assertion by a person
  • or non verbal conduct
  • intended as an assertion
  • by that person
24
Q

Section 18(1) makes a hearsay statement admissible if the circumstances relating to the statement provide reasonable assurance that the statement is reliable. According to section 16(1) of the Evidence act 2006 circumstances in relation to a statement by a person who is not a witness include 4 things?

A
  • Nature and contents of the statement
  • Circumstances relating to making of it
  • Veracity of the person
  • Accuracy of observation of the person
25
Q

Describe what privilege is in relation to the giving of evidence?

A
  • The right to refuse to disclose
  • or to prevent the disclosure
  • of what would otherwise be admissible
26
Q

Name 2 privileges outlined in the Evidence Act 2006?

A
  • Communication with legal advisors
  • Solicitors trust accounts
  • Informer privilege
27
Q

The general rule about leading questions is that leading questions are not to be put to a witness during examination-in-chef or re-examinaion. What are the 3 reasons why leading questions are not permitted?

A
  • People have tendency to agree with suggestions put to them.
  • Defence asking leading questions of their own witness can elicit answers they wish to receive
  • Danger they will result in the manipulation of the evidence though collusion
28
Q

List 4 functions of the Judges role in a trial by jury?

A
  • Decide on questions about admissibility of evidence
  • Determine if there is evidence fit to be submitted to the jury
  • Explain and enforce principles of law applicable to the point in issue
  • Instruct the jury on the rules by which evidence should be weighed
29
Q

A presumption of fact is always?

A
  • Rebuttable
30
Q

What is the general rule in relation to establishing facts?

A
  • All facts in issue
  • and facts relevant to the issue
  • must be proven by evidence
31
Q

It is not necessary in Court to prove facts such as “the season of summer in NZ is over the period of December to February” these facts as admitted as?

A
  • Judicial notice
32
Q

In relation to the reliability of hearsay statements, briefly outline the 3 reasons why hearsay evidence is generally excluded?

A
  • The maker of the statement is not called as a witness and cannot be cross-examined regarding its content
  • Juries cannot asses the evidence properly and need to be able to see the demeanour of the person that made the statement
  • there is a danger that witnesses may make mistakes about the meaning or content of the statement made by another person
33
Q

Give 2 exceptions to the general rule concerning leading questions?

A
  • Hostile witnesses
  • Identification
  • Assisting memory
34
Q

Define the term direct evidence?

A
  • Any evidence as to a fact in issue

- which a witness has seen, heard or experienced.

35
Q

Define the term admissible evidence?

A
  • It is admissible
  • if it is legally able
  • to be received by the Courts
36
Q

List 4 ways when is a witness deemed to be unavailable as a witness according to Section 16(2) of the Evidence Act 2006?

A
  • Dead
  • Overseas and can’t be contacted
  • Unfit due to age or physical or mental condition
  • Cannot be identified or found
37
Q

There are two type of offences in which the unsupported evidence of one witness is insufficient to support a conviction. In these instances corroboration is required as a matter of law. Name these 2 offences?

A
  • Perjury and related offence S108, S110, S111 CA61

- Treason S73 CA61

38
Q

If the evidence is opinion evidence then in order to comply with section 25 the opinion must be?

A
  • From an expert
  • Comprise expect evidence
  • Offer help to the fact finder in understanding other evidence or discovering any facts in the proceeding
39
Q

Name 2 of the exceptions to the veracity and propensity rule that do not apply to bail or sentencing hearings?

A
  • Evidence relates directly or indirectly to sexual experience of the victim with any person other than the defendant
  • Evidence relates directly or indirectly to their sexual reputation.
40
Q

Evidence is relevant if it has the tendency to what? Relevant means?

A
  • Tendency to prove or disprove

- anything of consequence to the proceeding

41
Q

What is the exclusionary rule?

A
  • Rules that exclude evidence
  • because they are
  • unfair to admit, unreliable or prejudicial
42
Q

What are 3 ways to give evidence in Court?

A

Ordinary way
- orally in court in front of judge and jury

Alternative way

  • In court but not able to see defendant
  • Outside court or by video recording made

Any other way
- provided by the Evidence Act 2006 or any other enactment

43
Q

What is the balance of probabilities?

A
  • Where the defence is required to prove a particular element
  • it must shown that it is more probable than not
  • if the probabilities are equal the burden is not discharged
44
Q

What is judicial notice

A
  • Where Court takes judicial notice as a fact
  • they declare that they find the fact exists
  • or will direct the jury to do so
  • even without evidence to establish the fact
45
Q

What is the opinion rule under Section 23?

A
  • A statement of opinion
  • is not admissible
  • in a proceeding
  • except as provided by section 24 or 25
46
Q

An associated defendant is not compellable to give evidence for or against a defendant unless 2 situations apply. State these 2 situations?

A
  • The associated defendant is being tried separately from the defendant
  • Proceedings against the associated defendant has been determined.
47
Q

Proceeding against a associated defendant has been determined for the purpose of subsection 2 of Section 73 if

A
  • pleaded guilty to or been found guilty

- has been sentenced or otherwise dealt with

48
Q

The conduct of criminal trials follows the adversarial or accusations system of justice developed through the English common law. What are 3 essential features of this system?

A
  • Its up to each party to decide what witnesses to call, their order and what questions to ask them
  • Each party has the right to cross-examination
  • The judge is to ensure the evidence is produced to the rules and decide on its admissibility.
49
Q

There are a number of circumstances in which a Judge may direct the jury that evidence should be scrutinised with particular care or should be given less weight. These are contained in Sections 122-127 of Evidence Act 2006. Name 4 of these?

A
  • Warnings that evidence maybe unreliable
  • Warnings about lies
  • Warnings about ID evidence
  • Directions about children’s evidence
50
Q

When a warning must be given about lies what are 3 directions it should include?

A
  • Jury must be satisfied the defendant lied before they use the evidence
  • People lie for various reasons
  • Jury should not conclude that because the defendant lied they are guilty.
51
Q

Evidence in rebuttal. Evidence called by either party after the completion of their own case, in order to rebut something arising in the trial can only be admitted with the leave of the court. What are 3 reasons such leave may be given to the prosecution if further evidence?

A
  • Relates to a purely formal matter
  • Was not available or admissible before the prosecution case was closed
  • is required to be admitted in the interest of justice for any other person.
52
Q

When dealing with witnesses for Court the OC should?

A
  • Advise the witness of the time and place of trial
  • Check the jury list and make sure none of the witnesses are known to them
  • Warn witness they may not speak or mix with the jury
  • Check if they have given evidence before. If not advise them of the process.
53
Q

What is evidence?

A
  • Material which a Court or Tribunal
  • may take into account
  • in reaching a decision
54
Q

What is the definition of incriminate?

A
  • To provide information that
  • is likely to lead to or increase
  • the chance of prosecution
  • of a person in a criminal case
55
Q

The burden of proof lies with the prosecution except when?

A
  • Defence of insanity is claimed

- Specific statutory exceptions exists

56
Q

Who is not compellable to give evidence?

A
  • Judge
  • Governor General
  • head of state of foreign country

CIB/CPK Study Cards - email BHCC36 (69 decks)

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