Multi Choice evidence

Question 1

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

Answer 1

On the balance of probabilities

Question 2

Circumstantial evidence has been defined as

Answer 2

A fact that by inference can prove another fact in issue

Question 3

Once the judge has granted an application to treat a witness as hostile, that witness may be:

Answer 3

(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.

Question 4

What is the meaning of veracity?

Answer 4

A disposition to refrain from lying

Question 5

The general purpose of the examination in chief is to:

Answer 5

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

Question 6

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

Answer 6

Their original statement and their disposition

Question 7

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

Answer 7

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

Question 8

A witness is deemed to be hostile when:

Answer 8

Refuses to answer question or deliberately withholds evidence

Question 9

A person is unavailable as a witness when:

Answer 9

The person is overseas and can’t be contacted

Question 10

A presumption of law:

Answer 10

May be rebuttable or irrebutale

Question 11

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

Answer 11

Your honor or Sir/Ma’am

Question 12

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

Answer 12

The probative value of the evidence outweighs its prejudicial effect

Question 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….

Answer 13

1. Who is suffering from a drug dependency

2. Who has any other condition or behavior that manifests itself in criminal behavior

Question 14

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

Answer 14

Judicial notice

Question 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 -

Answer 15

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

Question 16

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

Answer 16

The probative value of the evidence outweighs its prejudicial effect.

Question 17

Circumstantial evidence has been defined as :

Answer 17

A fact that by inference can prove another fact in issue

Question 18

A presumption of fact is:

Answer 18

Always rebuttable

Question 19

The general purpose of examination in chief is to:

Answer 19

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

Question 20

what is the general rule in relation to establishing facts?

Answer 20

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

Question 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

Answer 21

Judicial Notice

Question 22

A witness is eligible to give evidence if:

Answer 22

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