Evidence - Multi Choice Questions Flashcards
1
Q
1. Where the onus falls on the defence to prove a particular element the standard of proof required is: A) On the balance of probabilities B) No more than to raise a doubt C) Beyond reasonable doubt D) Beyond a shadow of a doubt
A
A) On the balance of probabilities
2
Q
- Circumstantial evidence has been defined as:
a) A fact always in issue that needs to be proven
b) A fact that directly or indirectly tends to prove or disprove a fact in issue
c) A fact that by inference can prove another fact in issue
d) A fact that is admissible in evidence if it can be legally received by the court.
A
c) A fact that by inference can prove another fact in issue
3
Q
- Once the judge has granted an application to treat a witness as hostile that witness may be:
a) Asked leading questions
b) Questions as to prior inconsistent statements
c) Asked any question whatsoever whether relevant to the matter under inquiry or not
d) Tested on such matters as the accuracy of his/her memory and perception
1) a,b,c and d are correct
2) a,b and c only are correct
3) a and b only are correct
4) a,b and d only are correct
A
4) a,b and d only are correct
4
Q
- What is the meaning of Veracity?
A
A) A disposition to refrain from lying
5
Q
- The general purpose of the examination in chief is to:
A) Weaken quality or destroy the opponents case
B) Elicit testimony that supports the case of the party calling that witness
C) Elect new facts arising out of the cross examination of the defence witness
D) Establish the prosecution case through the defence witness
A
B) Elicit testimony that supports the case of the party calling that witness
6
Q
- Before giving evidence in court witness may refresh their memories from;
a) Their original statement
b) Their deposition
c) Either of the above
d) None of the above
A
c) Either of the above
7
Q
- Which of these statements is correct regarding the eligibility and compellability of a witness in a proceedings?
a) Any person who is eligible to give evidence is compellable
b) A married person whilst eligible is not compellable 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
8
Q
- A person is unavailable as a witness when ….
a) The person is overseas and can’t be contacted
b) The person was not at work when the Police went to pick the person up
c) The phone number used to contact the person is no longer in service
d) The person refuses to go to court
A
a) The person is overseas and can’t be contacted
9
Q
- A presumption of law/fact:
a) Is always rebuttable
b) May be rebuttable or irrefutable
c) Is always rebuttable
d) May be subject to judicial notice
A
a) Is always rebuttable
10
Q
10. When giving evidence in court you should address the judge as … A) Your worship B) Using the Judges tile and surname C) Your Honour or Sir/Ma’am D) Your worship or Sir/ Ma’am
A
C) Your Honour or Sir/Ma’am
11
Q
- The court has a discretion to include propensity evidence against a defendant if:
A) The prejudicial effect of the evidence outweighs its probative value
B) It shows that the accused is of a criminal disposition and so more likely to have committed the crime
C) It will dispose the jury against the accused
D) The probative value of the evidence outweigh its prejudicial effect
A
D) The probative value of the evidence outweigh its prejudicial effect
12
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.
1) Who is suffering from a drug dependency
2) Who has another condition of behaviour that manifests itself in a criminal conduct
3) Who has provided information concerning their family
4) Who is suffering from a mental illness
a) 1 only is correct
b) 2 and 3 is correct
c) 3 and 4 are correct
d) 1 and 2 are correct
A
d) 1 and 2 are correct
13
Q
- A witness deemed to be hostile when:
a) They give different evidence from what is expected
b) Refuses to answer questions or deliberately withholds evidence
c) That are an Unfavourable witness to the party calling them
d) The prosecution provides grounds for disbelieving the witness’s current testimony
A
b) Refuses to answer questions or deliberately withholds evidence
14
Q
- It is not necessary in court to prove uncontroverted facts. These are admitted as:
a) Judicial notice
b) Presumptions of fact
c) Admissions for the purpose of trial
d) Presumptions of law
A
a) Judicial notice
15
Q
- Section 25 of the evidence act 2006 governs the admissibility of expert evidence. If the evidence given is opinion evidence then in order to comply with section 25 the opinion must…
a) Be that of an expert
b) Comprise of expert evidence
c) Offer substantial help to the fact finder in understanding other evidence or ascertaining any fact in the preceding
d) All of the above
A
d) All of the above
