Mutli Choice Questions Flashcards
Where the onus falls on the defence to prove a particular element, the standard of proof is:
On the balance of probabilities
Circumstantial evidence has been defined as:
It is evidence that does not directly prove any fact in issue, but allows inferences to prove another fact.
Once the judge has granted an application to treat a witness as hostile, that witness may be: (there may be more than one answer)
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
What is the meaning of veracity?
A disposition to refrain from lying
The general purpose of the examination-in-chief is to?
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:
False oaths.
A witness is eligible to give evidence if:
They are lawfully able to give evidence of behalf of both prosecution and defence.
Which is not an example where judicial notice can be taken?
The date of birth of a complainant under 16.
An oath and affirmation may be taken by:
Any witness 12 years and over involved in the proceeding.
Where an expert is called to give specialised 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: (there may be more than one answer)
1: Their original statement
2: Their deposition
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.
A person is unavailable as a witness when:
The person is overseas and can’t be contacted.
A presumption of ‘law’:
May be rebuttable or irrebuttable.
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: (there may be more than one answer)
1: Who is suffering from a drug dependency
2: Who has any other condition or behaviour that manifests itself in criminal conduct.
A witness is deemed to be hostile when:
They refuse to answer questions or deliberately withholds information.
It is not necessary in court to prove “uncontroverted facts”. These are admitted as:
Judicial notice.
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: (there may be more than one answer)
1: Be that of an “expert”
2: Comprise “expert evidence”
3: Provide substantial help to the fact-finder in understanding additional evidence needed to establish any fact in the case
The court has discretion to include propensity evidence against a defendant if:
The probative value of the evidence outweighs its prejudicial effect.
A presumption of ‘fact’ is:
Always rebuttable
The general purpose of the examination-in-chief is to:
Elicit a testimony that supports the case of the party calling that witness.
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.
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.
A witness is eligible to give evidence if:
They are lawfully able to give evidence on behalf of both prosecution and defence.
