Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

FLK 1: Dispute Resolution > Topic 10 - Witness and Expert Evidence > Flashcards

Topic 10 - Witness and Expert Evidence Flashcards

(74 cards)

Start Studying
1
Q

What is a witness statement?

A

A written statement signed by a person containing the evidence they would give orally.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three types of evidence used to prove facts?

A
  • Documents
  • Witness evidence
  • Real evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the general rule regarding witness evidence at trial?

A

Any fact needing to be proved by witness evidence will be proved by oral evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the purpose of exchanging witness statements?

A

Saves time and costs at trial and facilitates settlement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does the court control regarding evidence?

A
  • Issues on which it requires evidence
  • Nature of the evidence
  • Presentation of the evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What must happen if a party wishes to rely on a witness statement?

A

The party must call the witness to give oral evidence at trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens if a witness statement is not served on time?

A

The witness may not be called unless the court gives permission.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the maximum extension period for serving witness statements without court approval?

A

28 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the general rule regarding cross-examination at interim hearings?

A

Witnesses do not generally give evidence in person and are not cross-examined.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the inadmissibility rule regarding opinion evidence?

A

Witnesses are usually confined to stating facts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the two exceptions to the rule against opinion evidence?

A
  • Perceived facts
  • Expert opinion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is required for a witness statement to be verified?

A

It must include a statement of truth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the consequences of making a false statement in a witness statement?

A

Proceedings for contempt of court may be initiated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What must a witness statement include in terms of format?

A
  • Heading
  • Endorsement
  • Opening paragraphs
  • Information and belief paragraph
  • Statement of truth
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the purpose of the ‘information and belief’ paragraph in a witness statement?

A

To clarify the source of information and the witness’s knowledge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What should a witness statement cover?

A

Every fact that needs to be proved by the witness’s evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What must a witness statement be in?

A

The witness’s own words.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the role of the court regarding witness opinions?

A

The court must draw its own inferences from the facts stated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the significance of CPR 32.10 regarding witness statements?

A

It states the consequences if witness statements are served late.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the standard for admitting perceived facts as evidence?

A

They must be made as a way of conveying relevant facts personally perceived.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What should be included in the opening paragraphs of a witness statement?

A
  • Witness name
  • Home address or position
  • Occupation
  • Relationship to a party
  • Process of statement preparation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What does the statement of truth at the end of a witness statement indicate?

A

The witness believes the facts stated are true and understands the consequences of falsehood.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

True or False: A witness statement can be used in other proceedings without permission.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Fill in the blank: A witness statement must comply with certain requirements in terms of its _______ and presentation.

A

[content]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is the role of the lawyer in preparing a witness statement?
The lawyer drafts the statement, interviews the witness, and allows amendments.
26
What must be stated when a witness refers to an exhibit?
The witness should state 'I refer to the [description of exhibit] marked [reference]'.
27
What happens if a party cannot agree on an extension for serving witness statements?
An application must be made to the court for an extension.
28
What must a witness statement include to confirm the truth of its contents?
A witness statement must include a statement of truth confirming that the facts stated are true. ## Footnote This statement also acknowledges potential contempt of court for false statements.
29
What are the two additional paragraphs required in a witness statement prepared for an interim hearing?
* Confirmation of the reason for the statement * Confirmation of what the witness would like the court to do regarding the interim application
30
What is required in a trial witness statement in the Business and Property Courts?
* Identification of documents referred to * Signed confirmation that the witness understands the purpose of the statement * Confirmation from a legal representative regarding the witness statement compliance
31
What is an affidavit?
An affidavit is a written statement of evidence sworn before an authorized person, differing in form from a witness statement. ## Footnote It must comply with specific requirements set out in CPR 32.16 and 32 PD 2-16.
32
What is the general rule regarding the admissibility of evidence in civil proceedings?
All evidence relevant to the facts is generally admissible in civil proceedings.
33
Define hearsay evidence.
Hearsay evidence is an oral or written statement made out of court, adduced in court to prove the truth of the matter stated.
34
True or False: Hearsay evidence is considered more reliable than direct evidence.
False
35
What must a party do if they intend to rely on hearsay evidence at trial?
They must give notice to the other party specifying the hearsay evidence and the reasons for not calling the witness.
36
What happens if notice of intention to rely on hearsay evidence is not given?
The evidence is still admissible, but its weight may be reduced, and the offending party may face costs penalties.
37
What is the role of a deponent in the context of an affidavit?
A deponent is a person who gives evidence by affidavit.
38
What type of evidence do expert witnesses provide?
Expert witnesses provide evidence of matters of opinion within their expertise.
39
What is required for a party to adduce expert evidence at trial?
A court order is required.
40
Under what circumstances is opinion evidence admissible?
* When it is perceived facts * When it is expert opinion
41
What is the significance of a jurat in an affidavit?
A jurat authenticates the affidavit and includes specific details about the swearing of the affidavit.
42
What is the Civil Evidence Act 1995's stance on hearsay evidence?
Hearsay evidence is admissible in civil proceedings but is treated carefully due to its indirect nature.
43
What is the definition of 'real evidence'?
Real evidence refers to tangible items presented as evidence in court.
44
What is the relevance of a conviction in civil proceedings according to the Civil Evidence Act 1968?
A conviction is admissible to prove that a person committed the offence, unless proven otherwise.
45
What must be included in the heading of an affidavit?
The heading must reference 'affidavit' instead of 'witness statement'.
46
What are the two types of witnesses mentioned?
* Witnesses of fact * Expert witnesses
47
Fill in the blank: Hearsay evidence includes oral statements and statements made in _______.
[documents or any other medium in which information is recorded]
48
What must a party do if they wish to challenge the weight of hearsay evidence?
They can challenge based on factors such as the reasonableness of producing the original statement maker as a witness.
49
What is the purpose of notice rules for plans, photographs, and models as evidence?
Notice rules ensure that such evidence is receivable at trial.
50
What is admissible as evidence in civil proceedings according to the statement of opinion?
A statement of opinion by a witness on a relevant matter, if it conveys relevant facts personally perceived by them ## Footnote 'Relevant matter' includes an issue in the proceedings in question.
51
What is the first exception to the general rule that opinion evidence is inadmissible?
Expert evidence as confirmed by s.3(1) of the Civil Evidence Act 1972
52
Who ultimately decides who is an expert in court?
The court
53
What must the court restrict regarding expert evidence?
Expert evidence to that which is reasonably required to resolve the proceedings (CPR 35.1)
54
What is required for parties to adduce expert evidence at trial?
The court’s permission (CPR 35.4)
55
In which tracks is the court more likely to restrict expert evidence?
Small claims track and fast track
56
What are the exceptions to the normal procedural rules on expert evidence in small claims track?
* Duty to restrict expert evidence (CPR 35.1) * Experts’ overriding duty to the court (CPR 35.3) * Court’s power to direct evidence by a single joint expert (CPR 35.7) * Instructions to a single joint expert (CPR 35.8)
57
What is limited to one expert per party in relation to any expert field in the fast track?
Oral expert evidence at trial
58
When applying for permission for expert evidence, what must parties provide?
* An estimate of the costs of the proposed expert evidence * Identify the field in which expert evidence is required
59
What is the overriding duty of experts when instructed?
To help the court on matters within their own expertise (CPR 35.3)
60
What guidelines became known as the Ikarian Reefer Guidelines?
Duties and responsibilities of the expert as established in National Justice Compania Naviera SA v Prudential Assurance Co Limited [1993] 2 Lloyds Ref 68
61
What is required in an expert report according to CPR 35.5?
Expert evidence must be given in a written report unless the court directs otherwise
62
What must the expert report include regarding qualifications?
Set out the expert’s qualifications
63
What must be done if experts’ reports are to be used at trial?
They must be exchanged with the other side
64
What is a single joint expert?
An expert appointed by agreement of both parties to save costs
65
What must happen if a party cannot agree on a single joint expert?
The court can select from a list prepared by the parties
66
What can a party do if they receive an unfavourable report from an expert?
* Put questions to the expert (CPR 35.6) * Seek direction for the expert to give oral evidence * Seek advice from another expert advisor
67
What happens if a party decides not to rely on their expert’s report after it has been disclosed?
The other party may still rely on the report at trial (CPR 35.11)
68
What is hot-tubbing in the context of expert evidence?
When some or all the evidence of experts from similar disciplines is given concurrently
69
What is the risk of naming an expert in the directions questionnaire?
If the court orders the named expert, the party must go back to court for permission to change experts
70
What should experts do if they change their opinion on a material matter?
Communicate the change to the other party and the court when appropriate
71
What is the purpose of the rules regarding discussions between experts?
To identify issues in the case and reach an agreed opinion where possible
72
What does CPR 35.14 allow experts to do?
Submit written requests for direction to the court
73
What must parties consider before refusing to be bound by an agreement reached between experts?
They must be able to explain their refusal if it becomes relevant to the issue of costs
74
What must the expert report verify according to 35 PD 3.3?
The report should be verified by a statement of truth

FLK 1: Dispute Resolution (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions