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Flashcards in Multi choice Deck (19)
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1

Where the onus falls on the defence to prove a particular element, the standard of proof required is?

On the balance of probabilities

2

Circumstantial evidence is defined as

A fact that by inference can prove another fact in issue

3

Once the judge has granted an application to treat a witness as hostile, that witness may be:
(1) Asked leading questions
(2) Asked questions as to prior inconsistent statements
(3) asked any question whatsoever whether relevant to the matter under inquiry or not
(4) Tested on such matters as the accuracy of his / her memory and perception

1, 2 and 4 only are correct

4

What is the meaning of veracity?

A disposition to refrain from lying

5

The general purpose of the examination in chief is to:

• Elicit testimony that supports the case of the party calling that witness

6

Before giving evidence in court, witnesses may refresh their memory from

Their original statement and their deposition

7

Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?

Any witness/person who is eligible to give evidence is compellable

8

A person is unavailable as a witness when:

The person is overseas and can’t be contacted

9

A Presumption of law:

May be conclusive or rebuttable

10

When giving evidence in Court, you should address the judge as

Your Honour or Sir/Ma’am

11

The Court has a discretion to include propensity evidence against a defendant if:

The probative value of the evidence outweighs its prejudicial effect

12

In relation to privilege of medical practitioners, ‘protected communication’ refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient;

• Who is suffering from a drug dependency
• Who has any other condition or behaviour that manifests itself in criminal conduct

13

A witness is deemed to be hostile when:

Refuses to answer question or deliberately withholds evidence

14

It is not necessary in Court to prove ‘uncontroverted facts’. These are admitted as:

Judicial notice

15

. s25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with s25 the opinion must –

• Be that of an expert
• comprise ‘expert evidence’
• offer substantial help to the fact – finder in understanding other evidence or ascertaining any fact in the proceeding

16

A presumption of fact is

Always rebuttable

17

What is the general rule in relation to establishing facts?

All facts in issue and facts relevant to the issue must be proved by evidence

18

. It is not necessary in Court to prove facts such as “the season of summer in NZ is over the period of December – February” – These facts are admitted as

Judicial notice

19

A witness is eligible to give evidence if:

They are lawfully able to give evidence on behalf of both prosecution & defence