Multi Choice

Question 1

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

Answer 1

a. on the balance of probabilities

Question 2

2. Circumstantial evidence has been defined as:
   a. a fact always in issue that needs to be proved
   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

Answer 2

c. a fact that by inference can prove another fact in issue

Question 3

3. Once the judge has granted an application to treat a witness as hostile, that witness may be:
4. asked leading questions
5. questions as to prior inconsistent statements
6. asked any question whatsoever whether relevant to the matter under inquiry or not
7. tested on such matters as the accuracy of his/her memory and perception
   a. 1,2,3, and 4 are correct
   b. 1,2 and 3 only are correct
   c. 1 and 2 are correct
   d. 1, 2 and 4 only are correct

Answer 3

d. 1, 2 and 4 only are correct

Question 4

4. What is the meaning of veracity?
   a. a tendency to act in a particular way
   b. a disposition to refrain from lying
   c. the ability to record a statement accurately
   d. a tendency to exaggerate facts

Answer 4

b. a disposition to refrain from lying

Question 5

5. The general purpose of the examination-in-chief is to:
   a. Weaken, qualify or destroy the opponents case
   b. Elicit testimony that supports the case of the party calling that witness
   c. Elicit new facts arising out of the cross-examination of the defence witnesses
   d. Establish the prosecution case through the defence witnesses

Answer 5

b. Elicit testimony that supports the case of the party calling that witness

Question 6

6. Corroboration of a complainants statement is not necessary in a criminal proceeding except for the following offence:
   a. sexual violation by rape
   b. false oaths
   c. blackmail
   d. deception

Answer 6

b. false oaths

Question 7

7. A witness is eligible to give evidence if:
   a. they can be required to give evidence against their will for the prosecution
   b. they are not married to the defendant
   c. they are lawfully able to give evidence on behalf of both prosecution and defence
   d. they can be required to give evidence against their will for the defence

Answer 7

c. they are lawfully able to give evidence on behalf of both prosecution and defence

Question 8

8. Which is not an example where judicial notice can be taken?
   a. the date of birth of a complainant under 16
   b. Unknown
   c. Unknown
   d. Unknown

Answer 8

a. the date of birth of a complainant under 16

Question 9

9. An oath and affirmation may be taken by:
   a. all witnesses involved in a proceeding
   b. only witness under 65 years of age involved in a proceeding
   c. any witness 16 years and over involved in a proceeding
   d. any witness 12 years and over involved in a proceeding

Answer 9

d. any witness 12 years and over involved in a proceeding

Question 10

10. Where an expert is called to give specialised evidence:
    a. the judge may take judicial notice of the experts qualifications
    b. the judge may take judicial notice of the experts qualifications only where the witness has appeared before them previously
    c. the expert must demonstrate to the court that he/she has the qualifications to be deemed an expert
    d. the expert must prove that he/she acquired their specialised knowledge professionally

Answer 10

c. the expert must demonstrate to the court that he/she has the qualifications to be deemed an expert

Question 11

1. Before giving evidence in court, witnesses may refresh their memory from:
   a. Their original statement
   b. Their deposition
   c. Either of the above
   d. None of the above

Answer 11

c. Either of the above

Question 12

2. Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?
   a. Any person who is eligible to give evidence is compellable
   b. a married person whilst eligible is not compelled 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

Answer 12

a. Any person who is eligible to give evidence is compellable

Question 13

3. 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

Answer 13

a. The person is overseas and can’t be contacted

Question 14

4. A presumption of law:
   a. Is always rebuttable
   b. May be rebuttable or irrebuttable
   c. Is always rebuttable or irrebuttable
   d. May be subject to judicial notice

Answer 14

b. May be rebuttable or irrebuttable

Question 15

5. When giving evidence in court, you should address the judge as:
   a. Your worship
   b. Using the judges title and surname, e.g. Judge Smith
   c. Your honour or Sir/Ma’am
   d. Your worship or Sir/Ma’am

Answer 15

c. Your honour or Sir/Ma’am

Question 16

6. 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 outweighs its prejudicial effect

Answer 16

d. The probative value of the evidence outweighs its prejudicial effect

Question 17

7. 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:
8. Who is suffering for a drug dependency
9. Who has any other condition or behaviour that manifests itself in criminal conduct
10. Who has provided information concerning their family
11. Who is suffering from a mental illness
    a. 1 only is correct
    b. 2 and 3 are correct
    c. 3 and 4 are correct
    d. 1 and 2 are correct

Answer 17

d. 1 and 2 are correct

Question 18

8. A witness is deemed to be hostile when:
   a. They give different evidence from what is expected
   b. Refuses to answer questions or deliberately withholds information
   c. They are an “unfavourable witness” to the party calling them
   d. The prosecution provides grounds for disbelieving the witnesses current testimony

Answer 18

b. Refuses to answer questions or deliberately withholds information

Question 19

9. 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

Answer 19

a. Judicial notice

Question 20

10. 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 the section 25 the opinion must…
    a. Be that of an “expert”
    b. Comprise “expert evidence”
    c. Offer substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding
    d. All of the above

Answer 20

d. All of the above

Question 21

1. The court has 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 outweighs its prejudicial effect

Answer 21

d. The probative value of the evidence outweighs its prejudicial effect

Question 22

2. Circumstantial evidence has been defined as:
   a. A fact always in issue that needs to be proved
   b. A fact that by inference can prove another fact in issue
   c. A fact that directly tends to prove or disprove a fact in issue
   d. A fact that is admissible in evidence if it can be legally received by the court

Answer 22

b. A fact that by inference can prove another fact in issue

Question 23

3. 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

Answer 23

a. The person is overseas and can’t be contacted

Question 24

4. Before giving evidence in court, witnesses may refresh their memory from:
   a. Their original statement
   b. Their deposition
   c. Either of the above
   d. None of the above

Answer 24

c. Either of the above

Question 25

5. A presumption of fact is:
   a. Always rebuttable
   b. May be rebuttable or irrebuttable
   c. Always irrebuttable
   d. May be subject to judicial notice

Answer 25

a. Always rebuttable

Question 26

6. Before giving evidence:
   e. The prejudicial effect of the evidence outweighs its probative value
   f. It shows that the accused is of a criminal disposition and so more likely to have committed the crime
   g. It will dispose the jury against the accused
   h. The probative value of the evidence outweighs its prejudicial effect

Answer 26

h. The probative value of the evidence outweighs its prejudicial effect

Question 27

7. The general purpose of the examination-in-chief is to:
   a. Weaken, qualify or destroy the opponents case
   b. Elicit testimony that supports the case of the party calling that witness
   c. Elicit new facts arising out of the cross-examination of the defence witnesses
   d. Establish the prosecution case through the defence witnesses

Answer 27

b. Elicit testimony that supports the case of the party calling that witness

Question 28

8. What is the general rule in relation to ‘establishing facts?’
   a. All facts in issue must be proved by evidence
   b. All facts relevant to the issue must be proved
   c. All facts in issue and facts relevant to the issue must be proved by evidence
   d. All facts in issue and facts that are formally admitted must be proved by the court

Answer 28

c. All facts in issue and facts relevant to the issue must be proved by evidence

Question 29

9. 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:
   a. Presumptions of fact
   b. Admissions for the purpose of trial
   c. Presumptions of law
   d. Judicial notice

Answer 29

d. Judicial notice

Question 30

10. A witness is eligible to give evidence if…
    a. They can be required to give evidence against their will for the prosecution
    b. They are not married to the defendant
    c. They are lawfully able to give evidence on behalf of both prosecution and defence
    d. They can be required to give evidence against their will for the defence.

Answer 30

c. They are lawfully able to give evidence on behalf of both prosecution and defence