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009 Evidence > Definitions > Flashcards

Flashcards in Definitions Deck (18)
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1

Definition

Veracity

Is the disposition of a person to refrain from lying, whether generally or in a proceeding.

2

Definitions

Proceeding

Means any proceeding conducted by a court, and any application to a court connected to a proceeding.

3

Definitions

When is evidence relevant?

Evidence is relevant if it has a tendency to prove or disprove anything that is a consequence to the determination of a proceeding

4

Definitions

Evidence

Is the term for the whole body of material which a court or tribunal may take into account in reaching their decision and may be in an oral, written or visual form.

5

Definitions

Circumstantial Evidence

Is evidence of circumstances that do not directly prove any facts in issue, but which allow inferences about the existence of those facts to be drawn.

6

Definitions

Statement

Is a spoken or written assertion or non-verbal conduct of a person intended as an assertion of any matter.

7

Definitions

Incriminate

Is to provide information that is likely to lead to, or increase the likely hood of the prosecution of a person for a criminal offence.

8

Definitions

Propensity

Is evidence about a persons propensity to act in a certain way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which the person is alleged to have been involved in.

9

Definitions

Enforcement Agency

Refers to NZ Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment.

10

Definitions

What is the weight of evidence?

Is its value in relation to the facts inissue and will depend on a wide range of factors such as the extent of which
-it is directly relevant to or conclusive of those facts
-it is supported or contradicted by other evidence produced
or
-the veracity of the witness

11

Definitions

Direct Evidence

Is any evidence given by a witness as to a fact in issue that they have seen, heard or otherwise experienced.

12

Definitions

How do you give evidence?

Giving evidence is included in offering evidence and may be given
in the ordinary way
-in person orally in front of all parties present
-an affidavit filed in court
-reading a written statement if both prosecution/defence consent its admissible
OR
in an alternative way
-in court but unable to see the defendant or other persons outside the court room
-Video recording
-Audio/visual communication from outside the court room
OR
in any other way provided for by the Evidence Act 2006

13

Definitions

Witness

A person who gives evidence and is able to be cross-examined in a proceeding

14

Definitions

What are exclusionary rules?

These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit)

15

Definitions

Hearsay Statement

Is a statement that was made by a person other then the witness, and is offered in evidence in the proceeding to prove the truth of its contents.

This includes statements made out of court by a witness because the maker is available to be cross examined so they are not excluded (but may be excluded by a different rule)

16

Definitions

What are facts in issue?

Are facts which
-the prosecution must prove to establish the elements of the offence
OR
-the defendant must prove to succeed with a defence, in respect of which they carry the burden of proof

17

Definitions

How do you offer evidence?

Evidence must be elicited from a witness before it is offered. Merely putting a proposition to a witness is not offering evidence until the witness accepts the proposition.
Included in this is evidence elicited through cross examination.

18

Definitions

Admissible evidence

Evidence is admissible if it is legally able to be received by a court