MULTICHOICE - PART 1 Flashcards
Where the onus falls on the defense to prove a particular element, the standard of proof required is:
A) On the balance of probabilities
B) No more than to raise a doubt
C) Beyond reasonable doubt
D) Beyond a shadow of a doubt
A) On the balance of probabilities
Circumstantial evidence has been defined as:
A) A fact always in issue that needs to be proved
B) A fact that directly or indirectly tends to prove or disprove a fact in issue
C) A fact that by inference can prove another fact in issue
D) A fact that is admissible in evidence if it can be legally received by the court
C) 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:
- asked leading questions
- questions as to prior inconsistent statements
- asked any question whatsoever whether relevant to the matter under inquiry or not
- tested on such matters as the accuracy of his/her memory
A) 1, 2, 3 & 4 are correct
B) 1, 2, 3 are correct
C) 1 and 2 are correct
D) 1, 2 and 4 are correct
D) 1, 2 and 4 are correct
- asked leading questions
- questions as to prior inconsistent statements
- tested on such matters as the accuracy of his/her memory
What is the meaning of veracity?
A) a tendency to act in a particular way
B) a disposition to refrain from lying
C) the ability to record a statement accurately
D) a tendency to exaggerate facts
B) a disposition to refrain from lying
The general purpose of the examination in chief is to:
A) weaken, quality or destroy the opponents case
B) Elicit testimony that supports the case of the party calling that witness
C) Elicit new facts arising out of the cross-examination of the defense witnesses
D) Establish the prosecution case through the defense witnesses
B) Elicit testimony that supports the case of the party calling that witness
Corroboration of a complainants statement is not necessary in a criminal proceeding except for the following offence:
A) sexual violation by rape
B) false oaths
C) blackmail
D) deception
B) false oaths
A witness is eligible to give evidence if:
A) they can be required to give evidence against their will for the prosecution
B) they are not married to the defendant
C) they are lawfully able to give evidence on behalf of both prosecution and defense
D) they can be required to give evidence against their will for the defense
C) they are lawfully able to give evidence on behalf of both prosecution and defense
Which is not an example where judicial notice can be taken?
A) the date of birth of a complainant under 16
B) the date of birth of complainant is over 16
C) the date of birth of a complainant is under 18
D) the date of birth of a complainant is over 18
A) the date of birth of a complainant under 16
An oath and affirmation may be taken by:
A) all witnesses involved in a proceeding
B) only witness under 65 years of age involved in a proceeding
C) any witness 16 years and over involved in a proceeding
D) any witness 12 years and over involved in a proceeding
D) any witness 12 years and over involved in a proceeding
Where an expert is called to give specialized evidence:
A) the judge may take judicial notice of the experts qualifications
B) the judge may take judicial notice of the experts qualifications only where the witness has appeared before them previously
C) the expert must demonstrate to the court the he/she has the qualifications to be deemed an expert
D) the expert must prove the he/she acquired their specialized knowledge professionally
C) the expert must demonstrate to the court the he/she has the qualifications to be deemed an expert
