Multi Choice Flashcards
When giving evidence in court, you should address the judge as:
Your honor or Sir/Ma’am
Where the onus falls on the defence to cause 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 the judge has granted an application to treat a witness as hostile, that witness may be:
(1) Asked leading questions
(2) Asked questions as to prior inconsistent statements
(4) Tested on such matters as the accuracy of his/her memory and perception
ANSWER is 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
Before giving evidence in court, witnesses may refresh their memory from:
Their original statement and their disposition
Which of these statements is correct regarding the eligibility and compellibility of a witness in a proceeding?
Any witness/person who is eligible to give evidence is compellable
A witness is deemed to be hostile when:
Refuses to answer question or deliberately withholds evidence
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
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:
Who is suffering from a drug dependency or has any other condition or behavior that manifests itself in criminal behavior
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 or ascertaining any fact in the proceeding
A presumption of fact is:
Always rebuttable
The general purpose of examination in chief is to:
Ellicit testimony that supports the case of the party calling that witness
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 NZ is over the period of December - February - these facts are admitted as:
Judicial Notice
A witness is eligible to give evidence if:
They are lawfully able to give evidence on behalf of both prosecution and defence
