Evidence Law Flashcards
WB 2024
probative
tending to proof
exigencies
urgent demand.
corollary
natural consequence
anathema
abhorrent
ouija board
a device ostensibly used for obtaining messages from the spirit world, usually employed by a medium during a séance.
probative value
“the extent to which the evidence could rationally affect the… probability of the existence of a fact in issue”
Distort
twist
Hearsay
a witness’s testimony about a related-fact heard from another person outside of the court
adducing
citing as evidence
racketeering
dishonest or fraudulent dealings
impede
hinder
vexed
problematic
quackery
dishonest practices
ascertainment
the process of finding out for certain
judicial discretion
judge’s choice
rigid
inflexible
contentious
controversial
paramountcy principle
(family law) - the best interest of children is the paramount consideration
quasi
seemingly
readily
willingly
supplemented
enhanced
adduced
cite as evidence
voir dire
a preliminary hearing conducted to decide issues of law and fact to be assumed for the purpose of the trial proper
menacingly
threateningly
consoled
comfort
render
provide
induced
get to
bulging
bloated
ajar
slightly open
dissuaded
discourage
tiff
friendly argument
row
a serious dispute
rebuked
scold
vent
let go and feel free
crockery
dishes
volatile
unpredictable
spherical
round shape
smugly
in way that shows extensive pride or happiness
substantiate
give proof of
nonplussed
confused
flustered
agitated
privy
aware of
jest
a thing just said or done
fanciful
imaginative (amazing)
actus reus
guilty act
mens rea
guilty mind
exhaustive
complete
non-exhaustive
not the whole pic
alibi
claim to have been somewhere else at the time of the crime
committal hearing?
pre-trial hearing to weigh out the evidence
putative
supposed
prima facie case
on first appearance, contains sufficient evidence to prove the elements of the offence.
subpoena
a writ ordering a person to attend court and give evidence
impeaching
challenging
probative
having the quality to prove
imputation
accusation
corroborate
confirm or give support to
serenely
peacefully
Is Leading question allowed during examination in-chief?
s37 No unless granted leave by court
In what circumstance a party may be able to ask leading question examination in chief?
s37 (1)
a) court leave
b) introductory to witness’s evidence
c) no objection made, and the other party have a representative
d) question relates to matter not in dispute
e) expert witness asked hypothetical question
Accused not compelled sec?
s17
Who is competent to give evidence?
s12
a) every person is competent to give evidence and
b) a person who is competent to give it evidence is compellable to give evidence.
s81 EA?
Hearsay Exception to Admission, or previous representation that was made in relation to admission and necessary to refer to in order to understand the admission.
