Chapter 8: Evidence

Question 1

What does Probative Value mean?

Answer 1

What does Probative Value mean?

Probative value of evidence is how strongly and centrally the evidence assists in proving or disproving issues in a case.

Question 2

What does veracity mean?

Answer 2

What does veracity mean?

Veracity is the disposition of a person to refrain from lying.

Question 3

What is the fundamental principle that relevant evidence is admissible?

Section 7 Evidence Act 2006

Answer 3

What is the fundamental principle that relevant evidence is admissible?

Section 7 Evidence Act 2006

(1) All relevant evidence is admissible in a proceeding except evidence that is-
(a) Inadmissible under this Act or any other Act or
(b) Excluded under this Act or any other Act
(2) Evidence that is not relevant is not admissible in a proceeding
(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.

Question 4

TRIAL PROCESS

Refreshing memory

Answer 4

TRIAL PROCESS
Refreshing memory

• the leave of the judge must be obtained
• the document must be shown to every other party in the proceeding
• the document must have been “made or adopted” by a witness “at a time when his or her memory was fresh”
• the document must have been made by the witness, or by another person acting on the witness’s behalf
• in his or her presence and assented to by the witness