Evidence/Coroner/Courts

Question 1

What are the 3 factors determining hearsay evidence?

Answer 1

1. oral/written statement of a person who is not produced as a witness in court AND
2. statement is given to court by another person AND
3. purpose of the evidence is to prove the truth of what has been stated.

Question 2

Which crime categories are heard in the District Court vs High Court?

Answer 2

1,2,3 = District Court
4 = High Court

Question 2

What are the 4 categories of offences?

Answer 2

Category 1: fine only
Category 2: imprisonment < 2yrs or community service or fine
Category 3: imprisonment >2yrs
Category 4: offences must be heard in High Court

Question 3

Which deaths must be reported to the coroner?

Answer 3

Suicides, Cause unknown, Unnatural/violent, Medical, Birth/pregnancy, Institutional, Enactment requires holding inquest.

Question 4

What are the two types of Opinion Evidence?

Answer 4

1. Expert opinion

2. Non-expert opinion

Question 5

What is propensity evidence?

Answer 5

A person shows tendencies to act a particular way/state of mind

Question 6

What are the 3 purposes of an inquest?

Answer 6

1. details surrounding death
2. recommendations to prevent future happenings
3. investigation serve public interest

Question 7

A post-mortem is authorised by whom and undertaken by whom?

Answer 7

Undertaken by a pathologist and authorised by a coroner.

Question 8

What is the structure of courts in NZ?

Answer 8

Supreme court, court of appeal, high court, district court.

Question 9

What is the Doctrine of Precedent?

Answer 9

Hierarchy of courts, decisions follow from those above, not equal to.