Chapter 1 Multiple Choice Questions

. What is the basic purpose of a trial?

To investigate and thereby ascertain the 'absolute' truth of past events inquired into.

To hold the prosecution, as part of the executive arm of government, to account in its quest to enforce the criminal law.

To establish that a version of what occurred has an acceptable probability of being correct.

To establish, more or less, the objective truth of what occurred and to a particular standard of proof.

. Jeremy Bentham believed that all rules of evidence are artificial restrictions on the ability of the court to reach a correct decision through judicial reasoning.

True

False

. Which of the following was an early rule of evidence?

The votive rule.

The law of the bibulous.

The adjuration rule.

The best evidence rule.

. The law of evidence developed, at least in part, due to the prevalence of jury trials, which meant that evidence presented at trial was considered by non-lawyers. In modern trials, when an accused's advocate makes a submission of there being 'no case to answer', does the jury or the judge decide whether there is a case to answer?

It has always been the jury's prerogative to make this decision, although originally a jury consisting of 14 people was required. Only 12 are currently required to determine this issue.

Juries are empowered to make this decision, but this has only been since enactment of the Criminal Justice Act 2003.

The judge alone decides whether there is a case to answer. It is a question of law and, therefore, falls to the judge to decide.

The judge decides whether there is a case to answer, but must also consult the foreman of the jury.

. The Convention for the Protection of Human Rights and Fundamental Freedoms is the creation of which international organisation?

The Council of Europe (COE).

The European Commission of Human Rights (ECHR).

The European Union (EU).

The European Free Trade Association (EFTA).

. The Civil Evidence Acts 1968, 1972, and 1995 effectively abolished the rule against hearsay in civil trials.

True

False

. Until the Criminal Procedure Act 1865 the defendant in a criminal trial had no right to give evidence in his or her defence.

True

False

. When did the Human Rights Act 1998 come into force?

1998

1999

2000

2001

. What should a domestic court do where there have been judgments in the Supreme Court and the European Court of Human Rights on the same issue?

A domestic court is obliged to follow the Supreme Court.

A domestic court is obliged to follow the European Court.

A domestic court can choose between the two because they are equally significant and binding on lower courts.

A domestic court should refer the matter to the Attorney-General for his or her opinion.

. The European Court of Human Rights has the power to change the content of substantive domestic law, including evidence law, of a member state.

True

False

Quiz Content