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Flashcards in Multi Choice evidence Deck (22)
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1

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

On the balance of probabilities

2

Circumstantial evidence has been 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 what so ever whether relevant tot he matter under inquiry or not
(4) Tested on such matters as the accuracy of his /her memory and perception

ANSWER is 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 disposition

7

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

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

8

A witness is deemed to be hostile when:

Refuses to answer question or deliberately withholds evidence

9

A person is unavailable as a witness when:

The person is overseas and can't be contacted

10

A presumption of law:

May be rebuttable or irrebutale

11

When giving evidence in court, you should address the judge as :

Your honor or Sir/Ma'am

12

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

The probative value of the evidence outweighs its prejudicial effect

13

In relation to privledge 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....

1. Who is suffering from a drug dependency
2. Who has any other condition or behavior that manifests itself in criminal behavior

14

it is not necessary in court to prove 'uncontroverted facts' These are admitted as

Judicial notice

15

Section 25 of the Evidence Act 2006 governs the admissibility of expert evidence . If the evidence lead is opinion evidence, then in order to comply with section 25 the opinion must -

Be that of an expert
Comprise 'expert evidence'
Offer substantial help to the fact - finder in understanding other evidence of ascertaining any fact in the proceed

16

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

The probative value of the evidence outweighs its prejudicial effect.

17

Circumstantial evidence has been defined as :

A fact that by inference can prove another fact in issue

18

A presumption of fact is:

Always rebuttable

19

The general purpose of examination in chief is to:

Ellicit testimony that supports the case of the party calling that witness

20

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

21

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

22

A witness is eligible to give evidence if:

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