Rules of evidence Flashcards

1
Q

The facts proven or disproven in the courts by evidence are?

A

Facts in issue

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2
Q

What is hearsay?

A

Evidence not perceived by 1 of the 5 senses

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3
Q

What type of evidence can be given by an expert or someone with experience in a field?

A

Opinion

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4
Q

What are the two types of opinion evidence?

A

Expert & Non-Expert

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5
Q

What type of evidence is based on past behaviour?

A

Character

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6
Q

Can the defence raise evidence of good character?

A

Yes

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7
Q

Can the prosecution raise evidence of bad character?

A

No (but past convictions may still effect outcome of case)

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8
Q

Who has the burden of proof?

A

Prosecution (police)

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9
Q

Police must prove…

A

Beyond reasonable doubt

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10
Q

Defence must prove…

A

Balance of probabilities

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11
Q

What is my state of mind if I believe it exists or will exist?

A

Intention

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12
Q

What is my state of mind if I can extend to results that may or may not pass?

A

Recklessness

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13
Q

What is my state of mind if I fail to exercise appropriate or ethical care?

A

Negligence

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