Multi choice/Short answer bully

Question 1

Q. 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

Q. Circumstantial evidence has been defined as:

Answer 2

a fact that by interference can prove another fact in issue

Question 3

Q. Once the judge has granted an application to treat a witness as hostile, that witness may be:

Answer 3

• asked leading questions
• questions as to prior inconsistent statements
• tested on such matters as the accuracy of his/her memory and perception

NOT?
asked any question whatsoever whether relevant to the matter under inquiry or not

Question 4

Q. What is the meaning of veracity?

Answer 4

a disposition to refrain from lying

Question 5

Q. 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

Q. Corroboration of a complainant’s statement is not necessary in a criminal proceeding except for the following offence:

Answer 6

False oaths

Question 7

Q. A witness is eligible to give evidence If:

Answer 7

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

Question 8

Q. Which is not an example where judicial notice can be taken?

Answer 8

A sexual complainant under 16

Question 9

Q. An oath and affirmation may be taken by:

Answer 9

any witness 12 years and over involved in a proceeding

Question 10

Q. Where an expert is called to give specialized evidence:

Answer 10

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

Question 11

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

Answer 11

Their original statement
Their deposition
Either of the above

Question 12

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

Answer 12

Any person who is eligible to give evidence is compellable

Question 13

Q. A person is unavailable as a witness when:

Answer 13

The person is overseas and can’t be contacted

Question 14

Q. A presumption of law:

Answer 14

May be rebuttable or Conclusive

Question 15

Q. When giving evidence in court, you should address the judge as:

Answer 15

Your honour or Sir/Ma'am

Question 16

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

Answer 16

The probative value of the evidence outweighs its prejudicial effect

Question 17

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 17

• Who is suffering for a drug dependency
• Who has any other condition or behaviour that manifests itself in criminal conduct

Question 18

Q. A witness is deemed to be hostile when:

Answer 18

Refuses to answer questions or deliberately withholds information

Question 19

Q. It is not necessary in court to prove “uncontroverted facts” These are admitted as:

Answer 19

Judicial notice

Question 20

Q. 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…

Answer 20

• 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

Question 21

Q. The court has discretion to include propensity evidence against a defendant, if:

Answer 21

The probative value of the evidence outweighs its prejudicial effect

Question 22

Q. Circumstantial evidence has been defined as:

Answer 22

A fact that by inference can prove another fact in issue

Question 23

Q. A person is unavailable as a witness when:

Answer 23

The person is overseas and can’t be contacted

Question 24

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

Answer 24

• Their original statement
• Their deposition

Question 25

Q. A presumption of fact is:

Answer 25

Always rebuttable

Question 26

Q. Before giving evidence:

Answer 26

The probative value of the evidence outweighs its prejudicial effect

Question 27

Q. The general purpose of the examination-in-chief is to:

Answer 27

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

Question 28

Q. what is the general rule in relation to establishing facts

Answer 28

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

Question 29

Q. 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:

Answer 29

Judicial notice

Question 30

Q. A witness is eligible to give evidence if…

Answer 30

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

Question 31

Q. What does propensity evidence mean?

Answer 31

Propensity evidence is evidence about a persons propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 32

Q. List four categories of privilege

Answer 32

Privilege against self-incrimination
Marital privilege
Professional confidences
Public policy
Police informants

Question 33

Q. What Is the definition of a hearsay statement?

Answer 33

A statement that –
was made by a person other than a witness; and is offered in evidence at the proceeding to prove the truth of its contents;