MCQ Flashcards
Where the onus falls on the defence to prove a particular element, the standard of proof required is:
On the balance of probabilities
Circumstantial evidence has been defined as:
A fact by inference can prove another fact in issue
Once the judge has granted an application to treat a witness as hostile, that witness may be:
Asked leading questions
Questions as to prior inconsistent statements
Tested on such matters as the accuracy of his/her memory and perception
What is the meaning of veracity?
A disposition to refrain from lying
The general purpose of the examination-in-chief is to:
Elicit testimony that supports the case of the party calling that witness.
Corroboration of a complainants statement is not necessary in a criminal proceeding except for the following offence:
False oaths
A witness is eligible to give evidence if:
They are lawfully able to give evidence on behalf of both prosecution and defence
Which is not an example where judicial notice can be taken?
The date of birth of a complainant under 16 years old
An oath and affirmation may be taken by:
Any witness 12 years and over involved in a proceeding
Where an expert is called to give specialised evidence:
The expert must demonstrate to the court that he/she has the qualifications to be deemed an expert
Before giving evidence in court, witnesses may refresh their memory from:
Either -
Their original statement
Their deposition
Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?
Any person who is eligible to give evidence is compellable
A person is unavailable as a witness when:
The person is overseas and can’t be contacted
A presumption of law
May be rebuttable or irrebuttable
When giving evidence in court, you should address the judge as:
Your honour or Sir/Ma’am
The court has a discretion to include propensity evidence against a defendant, if:
The probative value of the evidence outweighs it prejudicial effect
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:
Who is suffering from a drug dependency
Who has other condition or behaviour that manifest itself in criminal conduct
A witness is deemed to be hostile when:
Refuses to answer questions or deliberately withholds information
It is not necessary in court to prove “uncontroverted facts”. These are admitted as:
Judicial notice
Section 25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with section 25 the opinion must:
Be that of an “expert”
Comprise “expert evidence”
Offer substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding
A presumption of fact is:
Always rebuttable
Before giving evidence:
The probative value of the evidence outweighs its prejudicial effect
What is the general rule in relation to “establishing facts”?
All facts in issue and facts relevant to the issue must be proved by evidence
It is not necessary in court to prove facts such as “the season of summer in New Zealand is over the period of December to February”, these are admitted as:
Judicial notice
Define expert under s4 of the Evidence Act 2006?
Section 4 of the Act defines an “expert” as “a person who has specialised knowledge or skill, based on training, study or experience”
