Questions Flashcards
Where the onus falls on the defence to prove a particular element, the standard of proof is:
On the balance of probablilites which means that most likely then not.
What is circumstantial evidence?
Circumstantial evidence is evidence that does not directly prove facts in issue but evidence that allows the judge and or jury to make inference to particular facts in issue. The more circumstantial evidence the stronger the case
What is the meaning of veracity
IS a persons disposition to refrain from lying
What is the general purpose of examination in chief
Is to elicit testimony the tend to support the case of the party calling the witness
When is a witness eligable to give evidence
When the witness is lawful able to give evidence on behalf of the prosecution and defence.
Define what judicial notice.
Judicial notice is when something is so well known or accepted either generally or locally that is can not be reasonable questioned.
What is preseumption of law
Are inferences that have been drawn from particular facts
What is presumtioon of facts
Are those facts the the mind naturally and logically draw from given facts
When is evidence admissable
When it is able to be received by the courts and is relevant, reliable and fair and in the public interest.
What is an expert?
An ecpert is someone with specialised ksill or knowledged obtaiined through training, study or experience
What is an opinion statement
Is a statemnt that tends to prove or disprove facts
An expert opinion statement must comply with the followiung
- Must be that of an expert
- Must be expert evidence
- Offer substantially help information to the fact finder
