Legal Evidence Chapter 12

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Questions and Answers

What may result in contempt of court during witness proceedings?

Providing testimony that contradicts previous statements

Including personal opinions in the witness statement

Making a statement without a witness present

Making a false statement in a witness statement without honest belief (correct)

What is required for a witness statement to be admissible as evidence?

Inclusion of all related documents and evidence

Verification by a statement of truth from the maker (correct)

Formal approval by a judge before submission

Verification by the witness and signature of the opposing party

What should be avoided when drafting a witness statement?

Concise wording to convey first-hand evidence

Expressing the facts clearly and specifically

Including inadmissible material (correct)

Using the witness's own words

What is the primary function of a witness statement?

To present evidence-in-chief of the deponent in writing Signup and view all the answers

Which of the following statements about witness statements is correct?

They should be limited to issues the party wishes the witness to testify about. Signup and view all the answers

What happens if a witness statement is not verified by a statement of truth?

It automatically becomes inadmissible as evidence. Signup and view all the answers

What is essential for the length of a witness statement?

It should be concise without omitting relevant matters. Signup and view all the answers

What should not be included in a witness statement according to the provided guidelines?

Submissions about the issues being litigated Signup and view all the answers

What is required for hearsay evidence to be admissible according to the Civil Evidence Act 1995?

The original statement must come from a competent witness. Signup and view all the answers

In Brown v Mujibal, what legal question was primarily addressed?

Whether a party can be compelled to attend trial for cross-examination. Signup and view all the answers

Why was the decision in Brown distinguished in G (a protected party by his litigation friend SX) v Hassan?

The claimant's mental capacity was not in dispute. Signup and view all the answers

What does the Civil Evidence Act 1995, section 4 primarily address?

The weight of hearsay evidence during proceedings. Signup and view all the answers

How can parties challenge the credibility of hearsay evidence?

By demonstrating inconsistencies in the original statement. Signup and view all the answers

What must a party provide when they wish to call evidence to challenge hearsay?

Notice to the opposing party within a set timeframe. Signup and view all the answers

What does the competence of a witness refer to in the context of hearsay evidence?

Their understanding of the events in question. Signup and view all the answers

Why is the compellability of witnesses significant in civil litigation?

It could shift the balance of power between parties. Signup and view all the answers

What type of evidence would Liz provide in court?

Witness of fact evidence Signup and view all the answers

Why can't Clive repeat Liz's opinion regarding the defendant's fault?

Liz's opinion is considered inadmissible hearsay Signup and view all the answers

What is an example of first-hand hearsay as described in the content?

Sara telling the court what John said Signup and view all the answers

What must a party do when proposing to bring hearsay evidence in civil proceedings?

Notify other parties of the hearsay evidence Signup and view all the answers

What is an example of multiple hearsay based on the examples provided?

Sara recounting what she heard from John about Michelle Signup and view all the answers

What aspect of hearsay is emphasized in Section 1 of the Civil Evidence Act 1995?

Hearsay evidence is admissible in civil proceedings Signup and view all the answers

According to the content, what defines a witness of fact?

They present evidence based on relevant facts and perceptions Signup and view all the answers

In the context of hearsay evidence, what is meant by 'first-hand' evidence?

Direct evidence of one's own observations Signup and view all the answers

In which scenario would Richard's evidence be classified as hearsay?

When Richard testifies about a statement made by someone else regarding Peter's actions. Signup and view all the answers

What is the primary reason Michael's case does not involve hearsay?

He does not intend to show the truth of the statements made to him. Signup and view all the answers

What can Clive testify about in relation to Liz's statement?

What Liz told him regarding the speed of the motorbike. Signup and view all the answers

In the context provided, what is the main purpose of repeating evidence related to misleading statements?

To illustrate the impact on the individual's belief or state of mind. Signup and view all the answers

Which of the following statements best describes hearsay?

It is an out-of-court statement used to prove the truth of the matter asserted. Signup and view all the answers

Why might evidence be considered admissible even if it involves a statement made by a third party?

It provides context relevant to the witness's testimony. Signup and view all the answers

What distinguishes Clive's evidence from being hearsay?

He is only reporting what another person stated, not asserting its truth. Signup and view all the answers

In a defamation claim, why is Richard’s evidence not categorized as hearsay?

It does not assert the truth of another's statement against Peter. Signup and view all the answers

What is the primary duty of an expert witness in civil proceedings?

To assist the court with matters within their expertise Signup and view all the answers

According to Practice Direction 35, what type of opinions should experts provide?

Unbiased and independent opinions based on their expertise Signup and view all the answers

What should an expert do if a question falls outside their area of expertise?

Make clear that it is outside their expertise Signup and view all the answers

What is required of an expert regarding research in preparation for court?

They must conduct further research to improve knowledge in their field Signup and view all the answers

Which statement is true regarding the obligations of an expert witness?

Their obligations to the court take precedence over their payment source Signup and view all the answers

What should an expert do if they cannot reach a definite conclusion due to insufficient information?

Clearly indicate their inability to form a definite opinion Signup and view all the answers

Which of the following best describes what qualifies a person as an expert under CPR Part 35?

An individual providing expert evidence for the purpose of the proceedings Signup and view all the answers

What aspect of expert witness testimony is emphasized in the Civil Evidence Act 1972?

The admissibility of expert opinions on relevant matters they are qualified in Signup and view all the answers

What is required to adduce discrediting evidence at trial after witness statements have been served?

The court’s permission or the opponent’s agreement must be obtained. Signup and view all the answers

Under Civil Evidence Act 1995, what must a party do to cross-examine a witness about a previous inconsistent statement?

They must comply with hearsay evidence requirements. Signup and view all the answers

If a court concludes that a previous inconsistent statement was made, how can it be treated?

Only as a means to assess the witness's credibility. Signup and view all the answers

What can a judge order regarding a witness statement served before trial?

It can stand as the evidence-in-chief of that witness. Signup and view all the answers

What happens if discrediting evidence is not included in witness statements by the time of trial?

It can still be introduced if the opposing party agrees. Signup and view all the answers

In the case of Fifield v Denton Hall Legal Services, why was the doctor's record considered hearsay?

The facts in the record were inconsistent with the claimant’s testimony. Signup and view all the answers

What is the role of the opposing party when it comes to relying on hearsay evidence?

They have the right to cross-examine the witness about it. Signup and view all the answers

What is a necessary step to take if one wishes to include new evidence at a pre-trial review?

Serve a supplemental witness statement. Signup and view all the answers

Study Notes

Chapter 12: Evidence

Evidence, to be admissible, must be relevant to the issues being decided by the court.
Courts control evidence through directions relating to the issues, nature of the evidence, and presentation of the evidence.
Courts may exclude evidence that would otherwise be admissible.
Witness statements are the usual form of witness testimony presented in court.
A witness statement must contain the witness's oral testimony, be composed in the witness's own words as far as is practicable, and include a statement of truth acknowledging its accuracy.
Hearsay evidence is a statement made outside of court proceedings, being presented as evidence of the matters stated.
Expert evidence comes from a suitably qualified expert.
An expert's duty in court is to assist the court on matters within their expertise, overriding any obligation to the party who instructed them.
Expert reports must outline the expert's qualifications, sources used, the substance of all instructions, and the basis for their conclusions—along with any qualifications or limitations.
Courts can direct that more than one expert witness attend trial relating to particular issues, reducing the need to present multiple differing opinions.
Rules exist concerning notices to admit or prove facts and documents (to avoid unnecessary costs in later proceedings).
The proper use of plans, photographs, and models is regulated through prior notice.

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Description

This quiz covers Chapter 12 on Evidence, focusing on the admissibility of evidence in court, types of evidence such as witness statements and hearsay, and the role of expert witnesses. Test your understanding of how courts control and present evidence in legal proceedings.