Evidence Law Flashcards

WB 2024

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1
Q

probative

A

tending to proof

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2
Q

exigencies

A

urgent demand.

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3
Q

corollary

A

natural consequence

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4
Q

anathema

A

abhorrent

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5
Q

ouija board

A

a device ostensibly used for obtaining messages from the spirit world, usually employed by a medium during a séance.

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6
Q

probative value

A

“the extent to which the evidence could rationally affect the… probability of the existence of a fact in issue”

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7
Q

Distort

A

twist

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8
Q

Hearsay

A

a witness’s testimony about a related-fact heard from another person outside of the court

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9
Q

adducing

A

citing as evidence

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10
Q

racketeering

A

dishonest or fraudulent dealings

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11
Q

impede

A

hinder

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12
Q

vexed

A

problematic

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13
Q

quackery

A

dishonest practices

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14
Q

ascertainment

A

the process of finding out for certain

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15
Q

judicial discretion

A

judge’s choice

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16
Q

rigid

A

inflexible

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17
Q

contentious

A

controversial

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18
Q

paramountcy principle

A

(family law) - the best interest of children is the paramount consideration

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19
Q

quasi

A

seemingly

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20
Q

readily

A

willingly

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21
Q

supplemented

A

enhanced

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22
Q

adduced

A

cite as evidence

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23
Q

voir dire

A

a preliminary hearing conducted to decide issues of law and fact to be assumed for the purpose of the trial proper

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24
Q

menacingly

A

threateningly

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25
Q

consoled

A

comfort

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26
Q

render

A

provide

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27
Q

induced

A

get to

28
Q

bulging

A

bloated

29
Q

ajar

A

slightly open

30
Q

dissuaded

A

discourage

31
Q

tiff

A

friendly argument

32
Q

row

A

a serious dispute

33
Q

rebuked

A

scold

34
Q

vent

A

let go and feel free

35
Q

crockery

A

dishes

36
Q

volatile

A

unpredictable

37
Q

spherical

A

round shape

38
Q

smugly

A

in way that shows extensive pride or happiness

39
Q

substantiate

A

give proof of

40
Q
A
41
Q

nonplussed

A

confused

42
Q

flustered

A

agitated

43
Q

privy

A

aware of

44
Q

jest

A

a thing just said or done

45
Q

fanciful

A

imaginative (amazing)

46
Q

actus reus

A

guilty act

47
Q

mens rea

A

guilty mind

48
Q

exhaustive

A

complete

49
Q

non-exhaustive

A

not the whole pic

50
Q

alibi

A

claim to have been somewhere else at the time of the crime

51
Q

committal hearing?

A

pre-trial hearing to weigh out the evidence

52
Q

putative

A

supposed

53
Q

prima facie case

A

on first appearance, contains sufficient evidence to prove the elements of the offence.

54
Q

subpoena

A

a writ ordering a person to attend court and give evidence

55
Q

impeaching

A

challenging

56
Q

probative

A

having the quality to prove

57
Q

imputation

A

accusation

58
Q

corroborate

A

confirm or give support to

59
Q

serenely

A

peacefully

60
Q
A
61
Q

Is Leading question allowed during examination in-chief?

A

s37 No unless granted leave by court

62
Q

In what circumstance a party may be able to ask leading question examination in chief?

A

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

63
Q

Accused not compelled sec?

A

s17

64
Q

Who is competent to give evidence?

A

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.

65
Q

s81 EA?

A

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.