MULTICHOICE - PART 2

Question 1

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

A) Their original statement

B) Their deposition

C) Either of the above

D) None of the above

Answer 1

C) Either of the above

Question 2

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

A) any person who is eligible to give evidence is compellable

B) a married person whilst eligible is not compelled to give evidence against their spouse

C) any person who is eligible may not be compellable

D) a 12 year old child is eligible but not compellable to give evidence in a proceeding

Answer 2

A) any person who is eligible to give evidence is compellable

Question 3

A person is unavailable as a witness when:

A) the person is overseas and cant be contacted

B) the person was not at work when the Police went to pick the person up

C) the phone number used to contact the person is no longer in service

D) the person refuses to go to court

Answer 3

A) the person is overseas and cant be contacted

Question 4

A presumption of law:

A) is always rebuttable

B) may be rebuttable or conclusive

C) is always rebuttable or irrebuttable

D) May be subject to judicial notice

Answer 4

B) may be rebuttable or conclusive

Question 5

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

A) Your worship

B) Using the judges title and surname, e.g Judge Smith

C) Your honor or Sir/Ma’am

D) Your worship or Sir/Ma’am

Answer 5

C) Your honor or Sir/Ma’am

Question 6

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

A) the prejudicial effect of the evidence outweighs its probative value

B) it shows that the accused is of a criminal disposition and so more likely to have committed the crime

C) It will dispose the jury against the accused

D) the probative value of the evidence outweighs its prejudicial effect

Answer 6

D) the probative value of the evidence outweighs its prejudicial effect

Question 7

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:

1. Who is suffering for a drug dependency
2. Who has any other condition or behavior that manifests itself in criminal conduct
3. Who has provided information concerning their family
4. Who is suffering from a mental illness

A) 1 only is correct

B) 2 and 3 are correct

C) 3 and 4 are correct

D) 1 and 2 are correct

Answer 7

D) 1 and 2 are correct

1. Who is suffering for a drug dependency
2. Who has any other condition or behavior that manifests itself in criminal conduct

Question 8

A witness is deemed to be hostile when:

A) they give different evidence from what is expected

B) Refuses to answer questions or deliberately withholds information

C) they are an “unfavorable witness” to the party calling them

D) the prosecution provides grounds for disbelieving the witnesses current testimony

Answer 8

B) Refuses to answer questions or deliberately withholds information

Question 9

It is not necessary in court to prove “Uncontroverted Facts”. These are admitted as:

A) Judicial Notice

B) Presumptions of facts

C) Admissions for the purpose of trial

D) Presumption of law

Answer 9

A) Judicial Notice

Question 10

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…

A) be that of an “expert”

B) comprise “ expert evidence”

C) Offering substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding

D) All of the above

Answer 10

D) All of the above