FL03- Rules Of Evidence

Question 1

Is heresay evidence normally admissible?

Answer 1

No

Question 2

What are the two circumstances hearsay is admissible?

Answer 2

1) The person is unavailable

2) If it would cause undue expense or delay in obtaining the witness

Question 3

Prove reliability of a statement:

Answer 3

Contents of statement
How the statement was made
Accuracy of the observation
Nature of the statement
Truthfulness of the maker of the statement

Question 4

Unavailable as a witness:

Answer 4

Dead
Unfit due to age, physical/mental condition
Not Compellable
Cannot with reasonable diligence be identified or found
Outside NZ and is not reasonably practicable to be a witness (video can work)

Question 5

What is opinion evidence?

Answer 5

An inference from observed facts.

Question 6

Is Opinion evidence admissible?

Answer 6

False

Question 7

Who can give opinion evidence?

Answer 7

Experts can give evidence in their field.

Question 8

Who is classed as an expert in their field?

Answer 8

“Special study or experience in their field”

Question 9

What are the 4 things people can give as non-expert opinion evidence?

Answer 9

Age
Handwriting
Mental or Physical condition
Identification

Question 10

What is Propensity Evidence?

Answer 10

Evidence that tends to show a persons propensity (tendancy) to act in a particular way or to have a particular state of mind.