multi's

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 has been 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…

Answer 3

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

Question 4

what is the meaning of veracity

Answer 4

a disposition of a person to refrain from lying, whether generally or in a proceeding

Question 5

what is the purpose of the examination in chief

Answer 5

to elicit testimony that supports the case of the party calling that witness

Question 6

what offence requires corroboration of a complainants statement in a criminal proceedings

Answer 6

false oaths

Question 7

when is a witness eligible to give evidence

Answer 7

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

Question 8

which is not an example where judicial notice can be taken

Answer 8

a sexual complainant under 16

Question 9

an oath and affirmation may be taken by

Answer 9

any witness 12 years and over involved in a proceeding

Question 10

where an expert evidence is called to give special evidence, what must they demonstrate

Answer 10

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

Question 11

what can a witness use to refresh their memory before giving evidence in court

Answer 11

either their original statement or their deposition

Question 12

what statement 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

a person is unavailable as a witness when

Answer 13

the person is overseas and cannot be contacted

Question 14

a presumption of law ….

Answer 14

may be rebuttable or conclusive

Question 15

when giving evidence in court you address the judge as…

Answer 15

your honour, sir or ma’am

Question 16

the court has a discretion to include propensity evidence against a defendant if what

Answer 16

if 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 who is what

Answer 17

• who is suffering for a drug dependency

- who has any other condition or behaviour that manifests itself in criminal conduct

Question 18

when is a witness deemed to be hostile

Answer 18

when they refuse to answer questions or deliberately withholds information

Question 19

it is not necessary in court to prove uncontroverted facts. these are admitted as what

Answer 19

as judicial notice

Question 20

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…

Answer 20

• be that of an expert
• comprise of expert evidence
• offer substantial help to the fact finder in understanding other evidence or ascertaining any fact in the proceeding

Question 21

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

circumstantial evidence has been defined as

Answer 22

a fact that by inference can prove another fact in issue

Question 23

a person is unavailable as a witness when

Answer 23

the person is overseas and cant be contacted

Question 24

what is the general rule in relation to establishing facts

Answer 24

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

Question 25

it is not necessary in court to prove facts such as the season of summer in nz is over the period of december to february, these facts are admitted as

Answer 25

judicial notice

Question 26

a witness is eligible to give evidence if

Answer 26

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

Question 27

what is evidence

Answer 27

evidence is a term for the whole body of material which a court or tribunal ie in criminal cases what the judge or jury - may take into account in reaching their decision.

evidence may be oral, written or visual form.