Chapter 16 Multiple Choice Questions

Quiz Content

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1. 'The rule that judgments of courts of competent jurisdiction are public records and presumed to be faithfully made and recorded was abrogated by the Civil Evidence Act 1968 and placed, at last, on a rational footing'.

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2. What is a judgment in rem?

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3. What is the rule derived from Hollington v Hewthorn [1943] KB 587?

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4. What is the position, under s. 11 of the Civil Evidence Act 1968, in relation to the admissibility of a criminal conviction before any court in the United Kingdom?

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5. What is the position, under s. 13 of the Civil Evidence Act 1968, in relation to actions for libel or slander, where the issue of whether the claimant did or did not commit a criminal offence is relevant to an issue arising in the civil case?

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6. John and Derk were charged jointly with a number of offences of fraud arising from a 'debt advisory' business. Derk pleaded guilty and the prosecution wants to adduce his previous convictions in evidence at John's trial. How can this be achieved?

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7. Whether evidence that the person committed the offence is admissible, by virtue of s. 74 of the Police and Criminal Evidence Act 1984, will usually depend on whether this evidence is, first, also admissible under the Criminal Justice Act 2003 bad character provisions.

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8. What is usually stated to be the purpose of s. 74(1) of the Police and Criminal Evidence Act 1984?

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9. The fact of the conviction of one co-accused is admissible in evidence against another co-accused in the same proceedings, by virtue of s. 74 of the Police and Criminal Evidence Act 1984.

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10. A party who contests the correctness of a conviction shall only ever bear an evidential burden to establish that there was no previous conviction.

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