Definitions

Question 1

Evidence

Answer 1

Term for the whole body of material which a court or tribunal may take into account in reaching their decision.

Can be Oral, Written or Visual

Question 2

Admissible Evidence

Answer 2

Evidence is admissible if it is legally able to be received by the Court.

Question 3

Relevance

Answer 3

Section 7 EA 2006
(3) Evidence is relevant if it has a tendency to prove or disprove anything of consequence to the determination of a proceeding.

Question 4

Facts in Issue

Answer 4

Those which are alleged by the charging document and denied by a plea of not guilty.

Those which:
- The prosecution must prove to establish the elements of the offence OR
- The Defendant must prove to succeed with a defence if they carry the burden of proof

Question 5

Exclusionary Rules

Answer 5

Rules that exclude evidence such as:
- Unreliable
- Unduly
- Unfair
- Prejudicial

Question 6

Weight of Evidence

Answer 6

The Weight of Evidence is its value in relation to the facts in issue.

Question 7

Offer Evidence

Answer 7

When a Witness accepts the proposition put to them. Includes being cross examined.

Question 8

Incriminate

Answer 8

To provide information which is likely to lead to or increase the likelihood of the prosecution of a person.

Question 9

Proceeding

Answer 9

Any proceeding conducted by a court and any application connected with a proceeding.

Question 10

Statement

Answer 10

A spoken or written assertion by a person.

Question 11

Witness

Answer 11

A person who gives evidence and is able to be cross examined.

Question 12

Hearsay Statement

Answer 12

Any out-of-court statement that is offered as evidence to prove the truth of the matter asserted in that statement.

Question 13

Veracity

Answer 13

The disposition of a person to refrain from lying.

Question 14

Propensity

Answer 14

Evidence about a persons propensity to act in a particular way or have a particular state of mind. Includes:
- Evidence or acts
- Omissions
- Events or circumstances a person is alleged to have been involved in.

Question 15

Direct Evidence

Answer 15

Eye witness evidence.

Question 16

Circumstantial Evidence

Answer 16

Evidence of circumstances which do not directly prove any fact but allow an inference to be drawn about its existence.

Question 17

Enforcement Agency

Answer 17

Organisation which has a statutory responsibility for enforcement of an enactment including:
- NZP
- IRD
- Customs
- Ministry of Fisheries