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LEGAL > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

Prima Facie

A

At first sight, on the face of it

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2
Q

Order of examination of witnesses

A
  1. Evidence in chief
  2. Cross-examination
  3. Re-examination
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3
Q

Voir Dire

A

Trial of evidence inside a trial

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4
Q

What are facts

A

Known / proven to happen

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5
Q

What are the types of evidence

A
  1. Direct
  2. Circumstantial
  3. Similar fact
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6
Q

Direct evidence

A

Generally 1/5 senses, directly proving fact

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7
Q

Circumstantial Evidence

A

Lack of witnesses, DNA + fingerprints

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8
Q

Similar Fact Evidence

A

Has previously acted in similar ways eg M.O

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9
Q

Hearsay

A

Oral or written statement NOT from witness.
Generally unreliable

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10
Q

Exceptions to Hearsay

A
  1. Admissions / confessions by accused
  2. Dying declaration
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11
Q

Opinion

A

Inadmissible unless expert

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12
Q

What is a Judicial Notice

A

General facts e.g Monday comes after Sunday

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13
Q

Competent Witness

A

Person CAN answer

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14
Q

Compellable Witness

A

Person MUST answer or be punished

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15
Q

What are the exceptions to compellable witnesses

A
  1. Diplomats
  2. Accused
  3. Spouse of accused
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16
Q

A witness is _____ until proven _____

A

Innocent, otherwise

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17
Q

If the accused is a witness, when must they take the stand?

A

FIRST

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18
Q

Who does the Prosecutor serve first?

A

The Court

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19
Q

Who must we ask permission to refer to our official notebook?

A

The Judge

20
Q

Dispute as to happening of event

A

Evidence recorded AT TIME otherwise INADMISSIBLE

21
Q

Confessional evidence

A

Confessions or admissions made by accused

22
Q

Confession

A

Full acknowledgement of guilt or involvement

23
Q

Admission

A

Only limited aspect acknowledgement

24
Q

3 ways confessions + admissions can be made

A
  1. Orally
  2. Written
  3. By conducts
25
Q

When MUST audio-visual recordings be made for:
-Adults
-children

A

Adults: when the charge can only be dealt with the magistrate or Supreme Court
Children: ANY crime

26
Q

What are the four reasonable excuses for not using audio-visual recording?

A

A. Not practicable
B. No equipment available
C. Suspect doesn’t consent
D. Equipment malfunction

27
Q

When must audio-visual recording be given to suspect?

A

14 days after charged, or as soon as practicable thereafter

28
Q

Exclusionary rules:

A

Voluntariness
Fairness discretion
Public policy discretion

29
Q

What is the caution?!

A

You are not obliged to say anything unless you wish to do so,
Anything you say or do will be recorded,
And may be given in evidence.

Do you understand these rights?
Explain in you own words.

30
Q

When do you have to caution?

A

As soon as the person is considered a suspect, or arrested.

31
Q

When is a confession not voluntary?

A

With:
1. Threats
2. Inducements (trickery)
3. Promises

32
Q

Who must you notify when arrested is Aboriginal?

A

Aboriginal Legal Service

33
Q

What are arrested suspects entitled to

A
  1. What they’re being charged with
  2. Being cautioned
  3. To contact a relative or friend
  4. Be able to contact a legal practitioner
34
Q

How to start an arrest

A

“You are under arrest on suspicion of…”

35
Q

What personal details must an offender or witness give

A

Name
DOB
Address
Usual address

36
Q

When can you demand ID

A

When false details are produced

37
Q

What can we demand to remove?

A

Face coverings

38
Q

Can we detain someone to verify their identity?

A

Yes

39
Q

Who can request our details?

A

Anyone who’s details we request

40
Q

What is the imprisonment term for:
Failing + giving false + producing false, details?

A

12 months

41
Q

Which four reasons can you detain arrested suspect for?

A
  1. Search place, vehicle, persons
  2. Investigate offence
  3. Interviewing suspect for offence
  4. Deciding whether or not to charge with offence
42
Q

What is the initial detention period?

A

6 hours

43
Q

Who can authorise an extra 6 detention hours?

A

Acting sergeant or above

44
Q

Who can authorise an extra 8 detention hours

A

Magistrate

45
Q

What action must you take on a warrant?

A

Action according to the warrant

46
Q

What must be said to someone accompanying police

A
  1. Not under arrest
  2. Don’t have to come if don’t want to
  3. Free to leave anytime
47
Q

Can everyday citizens arrest people?

A

Yes. With reasonable force only to prevent crime or for offences.

LEGAL (2 decks)

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