FL03: The Rules of Evidence Flashcards

1
Q

What is the rules of evidence?

A

To indicate if evidence is admissible or inadmissible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define ‘admissible’

A

Evidence permitted to be put before Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define ‘inadmissible’

A

Not permitted to be presented to Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Name the 3 types of evidence

A

Hearsay Evidence
Opinion Evidence
Propensity Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define ‘hearsay evidence’

A

A statement made by one person and passed on to another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Why is hearsay evidence generally inadmissible?

A

It is believed to be unreliable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When is hearsay evidence admissible?

A

Believed to be reliable
Person is unavailable
Could cause expense or delay to locate the witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

State the acronym to test the reliability of ‘hearsay evidence’

A

C.H.A.N.T

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does C.H.A.N.T stand for?

A

Contents
How
Accuracy
Nature & Truthfulness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define ‘unavailable’

A
Dead
Unfit 
Not compellable
Cannot be identified 
Outside NZ
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

State the statute and enactments of hearsay evidence

A

Evidence Act 2006, Ss 16 & 27

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the responsibility of the O/C Case to call ‘hearsay evidende’?

A

Notifying the defence counsel as soon as practicable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define ‘opinion evidence’

A

An inference from observed facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the 2 types of opinion evidence?

A

Expert

Non-Expert

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define ‘Expert’ Opinion

A

Person who is skilled by study or obtained experience in a particular field

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define ‘Non-Expert’ Opinion

A

Opinions based on observations

17
Q

Is ‘Opinion Evidence’ admissible or inadmissible?

A

Inadmissible

18
Q

Why is ‘Opinion Evidence’ inadmissible?

A

A personal opinion, thought or observation of a witness is not rendered as evidence

19
Q

Define ‘Propensity Evidence’

A

The tendency to act a certain way or have a particular mind set

20
Q

Why is ‘Propensity Evidence’ not generally admissible?

A

When the tendencies of the defendant are not of an issue in the prosecution case