Roles In Court Flashcards
What is the examination in chief?
When the witness is called to give evidence they will be questioned first by the advocate representing the party calling them
What is the objective Of the examination in chief?
To elicit from the witness all the facts supporting that parties case and that are within the personal knowledge of that witness
What questions I’m not allowed to be asked during examination in chief?
Leading questions, that stays the witness towards giving a particular response
When can leading questions we asked in the examination in chief?
When the fax or uncontested and with the leave of the bench
Can the witness refresh their memory using notes?
Yes if the court allows the witness can use notes made at the time or soon afterwards referred to as contemporaneous notes
When should the witness generally refresh their memory?
Before giving evidence by looking over their statements
Can other parties look at the notes that the witness refers to?
Yes all other parties are entitled to look at notes and documents.
Can the witness refer to documents what are the matters that are not in the public domain or have not been disclosed?
No
After the witnesses giving evidence in chief what will happen next?
They may be cross examined by the other parties
If the prosecution does not disagree with your witness what will happen at the cross-examination stage?
There will be no questions asked and the witnesses account will generally be taken as accepted
What is the process of re-examination?
After cross-examination the witness may be re-examined but he is limited to questions to clarify matters covered during cross-examination
If the court recalls a witness for further examination of cross-examination, what rights do the parties have?
I have the right to cross examine and re-examine the evidence
When can I party be allowed to call evidence after he has closed its case?
To rebut evidence that was totally unforeseen
What is a lady witness?
Somebody that can tell something they know or claim to know about a case example they saw someone running away
What is a professional witness?
Someone that can tell the court factual matters about their work
What are expert witnesses?
Someone I can tell the court their opinion relating to the fax based on their own specialist knowledge or experience
How are expert witnesses normally appointed?
Expert witnesses are normally appointed prior to the case by the appropriate legal teams
Can a fire investigator or officer choose to be an expert witness?
There is no choice if the court deem the officer to be an expert, you cannot refuse
Explain how memory can work on autopilot?
It is impossible to recall every personal object that you may have seen. When you follow a regular routine you can be on autopilot and therefore remember very little detail
Explain how memory is not like a video recorder but more like a notebook?
Memory does not called every detail and allow you to play it back in full, it’s like a notebook will you take the references that will help you write a report at a later date. When you write the report the gaps are filled by using your knowledge
How is memory influenced by knowledge and background?
Memory is influenced by your prejudices, opinions, social and cultural background, expectations, experiences and conversations
How is recall influenced by knowledge and background?
It means that whilst being Truthful your final report may not be factual
How is memory selective?
It does not remember everything that is seen heard or sensed
How his memory reconstructed
Mind reconstruction events to record them rather than play them back like a video recording
