Introduction to Witness and Expert Evidence

Question 1

What is the key feature of witness evidence?
A. Evidence of expert opinion
B. Evidence of documents
C. Evidence of what the witness has personally perceived
D. Evidence given only by solicitors

Answer 1

C. Evidence of what the witness has personally perceived

Explanation:
Witness evidence is based on the direct perception of the witness through their senses, such as seeing, hearing, or touching.

Question 2

In civil proceedings, when is expert evidence admissible?
A. Only if the court gives permission
B. Automatically, without court permission
C. Only if both parties agree
D. Only during interim hearings

Answer 2

A. Only if the court gives permission

Explanation:
Expert evidence in civil proceedings requires the court’s permission and is carefully controlled to ensure it is necessary and proportionate.

Question 3

What type of evidence is hearsay evidence?
A. Evidence based on expert calculations
B. Evidence of what someone else said
C. Evidence based on a witness’s direct knowledge
D. Evidence based on documents only

Answer 3

B. Evidence of what someone else said

Explanation:
Hearsay evidence is second-hand evidence where a witness recounts what another person said, rather than what they personally observed.

Question 4

What is the standard of proof in civil proceedings?
A. Beyond reasonable doubt
B. Clear and convincing evidence
C. Balance of probabilities
D. Absolute certainty

Answer 4

C. Balance of probabilities

Explanation:
In civil cases, a fact must be proven on the balance of probabilities, meaning it is more likely than not that it happened.

Question 5

What is the main difference between a witness statement and an affidavit?
A. Witness statements are signed but affidavits are sworn
B. Affidavits are informal documents
C. Witness statements are only used at trial
D. Affidavits cannot be used in court

Answer 5

A. Witness statements are signed but affidavits are sworn

Explanation:
An affidavit is sworn before a legal official, reflecting a higher seriousness, whereas a witness statement is verified by a statement of truth.

Question 6

Who does an expert owe their duty to?
A. The client who hired them
B. Their own professional body
C. The court
D. The solicitor instructing them

Answer 6

C. The court

Explanation:
An expert’s overriding duty is to assist the court, not to advocate for the party who instructed them.

Question 7

In which situation might a witness statement be needed at an interim hearing?
A. Only if a party changes solicitors
B. When applying to amend a defence
C. When a settlement is reached
D. When the case is struck out

Answer 7

B. When applying to amend a defence

Explanation:
At interim hearings, facts such as why a defence needs amending are often put forward using a witness statement.

Question 8

What must happen if a party wishes to rely on hearsay evidence?
A. The court must refuse it
B. It must be kept secret
C. It must be formally identified and notified to the other parties
D. It must be sworn in an affidavit

Answer 8

C. It must be formally identified and notified to the other parties

Explanation:
Hearsay evidence is admissible in civil proceedings but must be clearly identified and notified, so the court and other parties can assess its weight.