What is the definition of evidence?
Evidence is the term for the whole body of material which a court may take into account
Evidence may be in oral, written, or visual form.
What does it mean for evidence to be admissible?
Evidence is admissible if it is legally able to be received by a court
Admissibility is determined by legal standards and rules.
When is evidence considered relevant?
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding
This is defined in s7(3) of the Evidence Act 2006.
What are facts in issue?
- The prosecution must prove to establish the elements of the offence
- The defendant must prove to succeed with a defence
Facts in issue are critical to the burden of proof in legal proceedings.
What are exclusionary rules?
These are rules that exclude evidence, usually because it is unreliable, unduly prejudicial, or otherwise unfair to admit it
Exclusionary rules help maintain the integrity of the legal process.
What does the weight of evidence refer to?
The weight of evidence is its value in relation to the facts in issue
The value depends on factors such as relevance, support from other evidence, and witness veracity.
Fill in the blank: The weight is the degree of ______ that can be accorded to the evidence.
probative force
Probative force relates to how strongly the evidence supports a particular conclusion.
What is the definition of Hearsay?
A statement made outside of court that is offered to prove the truth of the matter asserted
Hearsay is generally not admissible as evidence due to its unreliable nature.
What does it mean to offer evidence?
To present information to a court that is intended to be considered as proof
Offering evidence includes both giving evidence and eliciting evidence.
According to s96(1) of the Evidence Act 2006, when does a proposition become ‘offered evidence’?
When the witness accepts the proposition
Merely putting a proposition to a witness does not constitute offering evidence.
What is included in the term ‘giving evidence’?
A witness ‘gives evidence’; a party ‘offers evidence’
A party who testifies both gives and offers evidence.
In what ways may evidence be given in a proceeding?
- Orally in a courtroom
- In an affidavit filed in court
- By reading a written statement in a courtroom
- In an alternative way (e.g., video recording)
The Courts (Remote Participation) Act 2010 allows for audio-visual communication when participants are not physically present.
What does it mean to incriminate someone?
To provide information likely to lead to the prosecution of a person for a criminal offence
Incrimination can occur through statements or evidence presented in court.
What is a proceeding?
A proceeding conducted by a court, including any application to a court connected with it
Proceedings can involve various legal actions and hearings.
Define statement in the context of legal evidence.
A spoken or written assertion, or non-verbal conduct intended as an assertion
Statements can be crucial in establishing facts in legal proceedings.
What is the definition of Evidence?
Information presented in court to prove or disprove a fact
Evidence can take many forms, including witness testimony, documents, and physical objects.
Who is a witness in a proceeding?
A person who gives evidence and is able to be cross-examined
Witnesses provide firsthand accounts and can be questioned during legal proceedings.
What is a hearsay statement?
A statement made by a person other than a witness, offered to prove the truth of its contents
Out-of-court statements made by a witness are not excluded by the hearsay rule if the maker is available for cross-examination.
Define veracity.
The disposition of a person to refrain from lying
Veracity is important in assessing the credibility of witnesses.
What is propensity evidence?
Evidence about a person’s propensity to act in a particular way or have a particular state of mind
This includes evidence of acts, omissions, events, or circumstances a person is alleged to have been involved in.
What is direct evidence?
Evidence given by a witness as to a fact in issue that he or she has seen, heard, or otherwise experienced
An example is an eyewitness stating that she saw the defendant stab the complainant.
Define circumstantial evidence.
Evidence of circumstances that do not directly prove any fact in issue but allow inferences about those facts
For example, the defendant being seen in the vicinity of the crime scene.
What does enforcement agency refer to?
The New Zealand Police or any body with statutory responsibility for enforcing an enactment
This includes organizations like the New Zealand Customs Service and the Ministry of Fisheries.
