Definitions Flashcards
(18 cards)
Define evidence:
What forms can it be given in?
Evidence is the term for the whole body of material which a court or tribunal may take into account in reaching their decision.
Oral, written or visual
Admissible evidence:
Evidence is admissible if it is legally able to be received by a court.
Relevance:
A tendency to prove or disprove anything that is of consequence to the determination of a proceeding
Facts in issue:
Facts in issue are those which:
- The prosecution must prove to establish the elements of the offence
- The defendant must prove to succeed with a defence, in respect of which he or she carries the burden of proof
Exclusionary rules:
These are rules that exclude evidence (usually because it is unreliable, prejudicial or otherwise unfair)
Weight of evidence:
The weight is the degree of probative force that can be accorded to the evidence.
Its value in relation to the facts in issue.
Offer evidence:
Evidence must be elicited before it is offered. Merely putting a proposition to a witness is not offering evidence, it becomes so when the witness accepts the proposition.
Give evidence:
“Giving evidence” is included in “offering evidence”, a witness “gives evidence”, a party “offers evidence”
Incriminate:
To incriminate is to provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence.
Proceeding:
This means a proceeding conducted by a court, and any application to a court connected with a proceeding.
Statement:
This is a spoken or witness assertion by a person, or non-verbal conduct of a person intended by that person as an assertion of any matter.
Witness:
This is a person who gives evidence and is able to be cross-examined in a proceeding.
Hearsay Statement:
This is a statement that was made by a person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents.
Veracity:
This is a disposition of a person to refrain from lying, whether generally or in a proceeding.
Propensity:
Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind.
Direct evidence:
This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced.
Circumstantial evidence:
This is evidence of circumstances that do not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn.
Enforcement agency:
This refers to the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment, including Customs, Fisheries and Inland Revenue.
