Multi choice

Question 1

Where the onus falls on the defence to prove a particular element, the standard of proof required is?

Answer 1

On the balance of probabilities

Question 2

Circumstantial evidence is defined as

Answer 2

A fact that by inference can prove another fact in issue

Question 3

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
(3) asked any question whatsoever whether relevant to the matter under inquiry or not
(4) Tested on such matters as the accuracy of his / her memory and perception

Answer 3

1, 2 and 4 only are correct

Question 4

What is the meaning of veracity?

Answer 4

A disposition to refrain from lying

Question 5

The general purpose of the examination in chief is to:

Answer 5

• Elicit testimony that supports the case of the party calling that witness

Question 6

Before giving evidence in court, witnesses may refresh their memory from

Answer 6

Their original statement and their deposition

Question 7

Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?

Answer 7

Any witness/person who is eligible to give evidence is compellable

Question 8

A person is unavailable as a witness when:

Answer 8

The person is overseas and can’t be contacted

Question 9

A Presumption of law:

Answer 9

May be conclusive or rebuttable

Question 10

When giving evidence in Court, you should address the judge as

Answer 10

Your Honour or Sir/Ma’am

Question 11

The Court has a discretion to include propensity evidence against a defendant if:

Answer 11

The probative value of the evidence outweighs its prejudicial effect

Question 12

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;

Answer 12

• Who is suffering from a drug dependency

* Who has any other condition or behaviour that manifests itself in criminal conduct

Question 13

A witness is deemed to be hostile when:

Answer 13

Refuses to answer question or deliberately withholds evidence

Question 14

It is not necessary in Court to prove ‘uncontroverted facts’. These are admitted as:

Answer 14

Judicial notice

Question 15

. s25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with s25 the opinion must –

Answer 15

• 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

Question 16

A presumption of fact is

Answer 16

Always rebuttable

Question 17

What is the general rule in relation to establishing facts?

Answer 17

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

Question 18

. 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

Answer 18

Judicial notice

Question 19

A witness is eligible to give evidence if:

Answer 19

They are lawfully able to give evidence on behalf of both prosecution & defence