Rules of Evidence Flashcards

1
Q

Define Hearsay Evidence.

A

Hearsay is a written or oral statement from someone who is not produced as a witness in court.
AND
The statement is provided to the court by someone else or in a document.
AND
The purpose of the statement is to prove truthful what has been stated.

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2
Q

When might hearsay evidence be admissible?

A
  1. the person is unavailable.

2. when it would cause undue delay or expense in obtaining the witness.

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3
Q

How do you check the reliability of hearsay evidence?

A
Contents of the statement.
How the statement was made.
Accuracy of the observation.
Nature of the statement.
Truthfulness of the statement maker.
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4
Q

When is a person unavailable to be a witness?

A

Dead
Unfit - medically/mentally
Non compellable e.ge a defendant or judge or juror on the trial
Can not be diligently located or identified
Outside of NZ, undue cost or delay in bringing back to NZ

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5
Q

Define opinion evidence.

A

Inference from observed facts, can be expert or non-expert

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6
Q

Define propensity evidence

A

Evidence that shows a tendency for a person to act in a certain way or have a particular state of mind.

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