Chapter 2 Multiple Choice Questions

. In a criminal trial, only 'direct' evidence carries any weight. Although 'circumstantial' evidence assists the police in building a case against the accused, ultimately, it is of no legal significance at trial.

True

False

. What is a percipient witness?

It is a witness who is capable of giving primary evidence of facts in issue. Primary evidence is sometimes also described as percipient evidence.

It is an expert witness, usually a psychiatrist, who is competent to provide opinion evidence of how another person appeared to them. It is their perception of the witness that is the relevant evidence before the court.

It is a 'non-expert' witness who, exceptionally, is permitted to provide opinion evidence of how another person appeared to them. It is their perception of the witness that is the relevant evidence before the court.

It is a witness who is capable of giving evidence of facts, which the witness perceived personally, using any of his or her senses.

. The 'primary evidence rule' was originally created by the Civil Evidence Act 1968 (now see s. 13 of the 1995 Act). It requires a party who wishes to rely on the contents of a private document as direct evidence to adduce 'primary' (as opposed to 'secondary') evidence of the contents of the document. likelinant is cross-examined to the effect that she has previously made false complaints of

True

False

. What is prima facie evidence?

It is presumptive evidence, which is sufficient evidence of a fact, unless and until an opponent adduces contradictory evidence.

It is conclusive evidence, which is sufficient evidence of a fact, unless and until an opponent adduces contradictory evidence.

It is presumptive evidence, which no party is permitted to contradict.

It is conclusive evidence, which no party is permitted to contradict.

. Secondary evidence is admissible to prove the contents of a document in which of the following exceptional cases? Please select all that apply.

If the document is or forms part of a banker's book.

If a non-party to proceedings refuses to produce the original.

If the original is lost.

If a party refuses to disclose the original because it considers it to be an onerous obligation.

. Handwriting may be proved in which of the following ways? Please select all that apply.

Handwriting is real evidence and may be presented at court without prior proof. That is, the court will be invited to draw conclusions from the circumstances and context in which it is presented. However, it may, on occasions, become necessary to prove the origins of the handwriting as a matter ancillary to the principal issues before court.

By virtue of the presumption of regularity, which always applies to the handwriting and/or signature on a document that is presented at court, except where the document has been identified as contentious at the pre-trial proceedings, pursuant to the Civil Procedure Rules.

By the opinion of an expert witness. Comparison of the disputed writings with known writings by scientific means is a well-established subject of opinion evidence.

By the opinion of a non-expert witness who is: (a) familiar with the signature of the purported signer or who (b) has, on other occasions, received documents that bear the purported signature, or which are made in the purported handwriting of the purported signer.

. The reading from an operational intoximeter, used by the police to measure the amount of alcohol in the breath of a person suspected of 'drink-driving', is admissible as real evidence. likelinant is cross-examined to the effect that she has previously made false complaints of

True

False

. The prosecution seeks to adduce in evidence a document that records telephone calls made from the defendant's car phone. It has been compiled from the original computer record, for the purposes of 'intelligence' rather than for a criminal trial. Will it be admissible?

The record is inadmissible hearsay as it is being adduced in order to prove the truth of the contents of the document, namely that certain telephone calls were made.

The record is inadmissible hearsay, but may be admitted 'in the interests of justice' under s. 114(1)(d) of the Criminal Justice Act 2003.

The record is inadmissible hearsay, but may be admitted under s. 117(1) of the Criminal Justice Act 2003 as a 'business document'.

The record is admissible as an authoritative copy of the original computer record, which is real rather than documentary evidence.

. Evidence may be defined as 'relevant' in which of the following ways? Please select all that apply.

'Evidence is relevant if it is logically probative or disprobative of some matter which requires proof... It is evidence which makes the matter which requires proof more or less probable'.

Relevance signifies that 'any two facts to which it is applied are so related to each other that according to the common course of events, one either taken by itself or in connection with other facts proves or renders probable the past, present or future existence or non-existence of the other'.

Relevant evidence 'means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence'.

'Relevant evidence is evidence which has probative value in assisting the court or jury to determine the facts in issue…If the evidence contributes in a logical sense, to any extent, either to the proof or the disproof of the fact in issue, then the evidence is relevant to the fact in issue. If not, it is irrelevant'.

. What are 'facts in issue'?

The facts in issue, sometimes called ultimate facts, are the facts which a party to litigation (including the prosecution in a criminal case) must prove in order to succeed in his/her claim or defence and to show his/her entitlement to relief (or to obtain a conviction).

The facts in issue, forming part of the so-calledres gestae, are facts surrounding an event that may be considered to be derived from or have 'issued' from 'relevant facts'.

The facts in issue, forming part of the so-calledresipsa locquitur, are facts surrounding an event that may be considered to be derived from or have 'issued' from 'relevant facts'.

The facts in issue, often called 'real evidence', are the facts which a party to litigation (including the prosecution in a criminal case) 'really' must prove in order to succeed in his/her claim or defence and to show his/her entitlement to relief (or to obtain a conviction). Their particular significance is denoted by the use of the words 'real' or 'really'.

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