Roles In Court

Question 1

What is the examination in chief?

Answer 1

When the witness is called to give evidence they will be questioned first by the advocate representing the party calling them

Question 2

What is the objective Of the examination in chief?

Answer 2

To elicit from the witness all the facts supporting that parties case and that are within the personal knowledge of that witness

Question 3

What questions I’m not allowed to be asked during examination in chief?

Answer 3

Leading questions, that stays the witness towards giving a particular response

Question 4

When can leading questions we asked in the examination in chief?

Answer 4

When the fax or uncontested and with the leave of the bench

Question 5

Can the witness refresh their memory using notes?

Answer 5

Yes if the court allows the witness can use notes made at the time or soon afterwards referred to as contemporaneous notes

Question 6

When should the witness generally refresh their memory?

Answer 6

Before giving evidence by looking over their statements

Question 7

Can other parties look at the notes that the witness refers to?

Answer 7

Yes all other parties are entitled to look at notes and documents.

Question 8

Can the witness refer to documents what are the matters that are not in the public domain or have not been disclosed?

Answer 8

No

Question 9

After the witnesses giving evidence in chief what will happen next?

Answer 9

They may be cross examined by the other parties

Question 10

If the prosecution does not disagree with your witness what will happen at the cross-examination stage?

Answer 10

There will be no questions asked and the witnesses account will generally be taken as accepted

Question 11

What is the process of re-examination?

Answer 11

After cross-examination the witness may be re-examined but he is limited to questions to clarify matters covered during cross-examination

Question 12

If the court recalls a witness for further examination of cross-examination, what rights do the parties have?

Answer 12

I have the right to cross examine and re-examine the evidence

Question 13

When can I party be allowed to call evidence after he has closed its case?

Answer 13

To rebut evidence that was totally unforeseen

Question 14

What is a lady witness?

Answer 14

Somebody that can tell something they know or claim to know about a case example they saw someone running away

Question 15

What is a professional witness?

Answer 15

Someone that can tell the court factual matters about their work

Question 16

What are expert witnesses?

Answer 16

Someone I can tell the court their opinion relating to the fax based on their own specialist knowledge or experience

Question 17

How are expert witnesses normally appointed?

Answer 17

Expert witnesses are normally appointed prior to the case by the appropriate legal teams

Question 18

Can a fire investigator or officer choose to be an expert witness?

Answer 18

There is no choice if the court deem the officer to be an expert, you cannot refuse

Question 19

Explain how memory can work on autopilot?

Answer 19

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

Question 20

Explain how memory is not like a video recorder but more like a notebook?

Answer 20

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

Question 21

How is memory influenced by knowledge and background?

Answer 21

Memory is influenced by your prejudices, opinions, social and cultural background, expectations, experiences and conversations

Question 22

How is recall influenced by knowledge and background?

Answer 22

It means that whilst being Truthful your final report may not be factual

Question 23

How is memory selective?

Answer 23

It does not remember everything that is seen heard or sensed

Question 24

How his memory reconstructed

Answer 24

Mind reconstruction events to record them rather than play them back like a video recording

Question 25

How is memory organised?

Answer 25

Like a filing system

Question 26

How does Recall work?

Answer 26

It works like a filing clerk, by going to the filing cabinet relating to the incident I didn’t side I will find some folders of the headings written on them

Question 27

How is memory reinforced?

Answer 27

By repeating the experience, when you experience a situation you for the details in your memory, when you repeat that experience new information may be added reinforcing your memory. Wigley repeating the experience enables you to respond to that experience without thinking about it