MQ 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 that by inference can prove another fact in issue
Once a judge has granted an application to treat a witness as hostile, that witness maybe:
1. Asked leading questions
2. Questions as to prior inconsistent statements
3. Asked any questions whatsoever whether relevant to the matter under inquiry or not
4. Tested on such matters as accuracy of his/her memory and perception
1, 2 and 4 only are correct
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
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?
- Their original statement
- Their deposition
- Either of the above (correct)
Which of these statements is correct regarding the eligibility and compelability 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 either conclusive or rebuttable
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 its 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:
1. Who is suffering from a drug dependency
2. Who has any other condition or behaviour that manifests itself in criminal conduct
3. Who has provided information concerning their family
4. Who is suffering from mental illness
1 and 2 are correct
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 evidence lead is opinion evidence, then in order to comply with the section 25 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
- all of the above (correct)
The court has discretion to include propensity evidence against a defendant, if:
The probative value of the evidence outweighs its prejudicial effect
A presumption of fact is?
Always rebuttable
Before giving evidence: (check up)
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 facts are admitted as:
Judicial notice
