Multi choice/Short answer bully Flashcards
Q. Where the onus falls on the defence to prove a particular element, the standard of proof required is
on the balance of probabilities
Q. Circumstantial evidence has been defined as:
a fact that by interference can prove another fact in issue
Q. Once the judge has granted an application to treat a witness as hostile, that witness may be:
- 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
Q. What is the meaning of veracity?
a disposition to refrain from lying
Q. The general purpose of the examination-in-chief is to:
Elicit testimony that supports the case of the party calling that witness
Q. Corroboration of a complainant’s statement is not necessary in a criminal proceeding except for the following offence:
False oaths
Q. A witness is eligible to give evidence If:
they are lawfully able to give evidence on behalf of both prosecution and defence
Q. Which is not an example where judicial notice can be taken?
A sexual complainant under 16
Q. An oath and affirmation may be taken by:
any witness 12 years and over involved in a proceeding
Q. Where an expert is called to give specialized 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
Q. Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?
Any person who is eligible to give evidence is compellable
Q. A person is unavailable as a witness when:
The person is overseas and can’t be contacted
Q. A presumption of law:
May be rebuttable or Conclusive
Q. 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:
- Who is suffering for a drug dependency
- Who has any other condition or behaviour that manifests itself in criminal conduct
Q. A witness is deemed to be hostile when:
Refuses to answer questions or deliberately withholds information
Q. It is not necessary in court to prove “uncontroverted facts” These are admitted as:
Judicial notice
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…
- 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
Q. The court has discretion to include propensity evidence against a defendant, if:
The probative value of the evidence outweighs its prejudicial effect
Q. Circumstantial evidence has been defined as:
A fact that by inference can prove another fact in issue
Q. A person is unavailable as a witness when:
The person is overseas and can’t be contacted
Q. Before giving evidence in court, witnesses may refresh their memory from:
- Their original statement
- Their deposition
Q. A presumption of fact is:
Always rebuttable
Q. Before giving evidence:
The probative value of the evidence outweighs its prejudicial effect
Q. The general purpose of the examination-in-chief is to:
Elicit testimony that supports the case of the party calling that witness
Q. 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
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:
Judicial notice
Q. A witness is eligible to give evidence if…
They are lawfully able to give evidence on behalf of both prosecution and defence
Q. What does propensity evidence mean?
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.
Q. List four categories of privilege
Privilege against self-incrimination
Marital privilege
Professional confidences
Public policy
Police informants
Q. What Is the definition of a hearsay statement?
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;
