Legal Principles of Witness Testimony and Hearsay
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Questions and Answers

What is the required minimum notice period for requesting a witness summons?

  • 10 days
  • 3 days
  • 7 days (correct)
  • 5 days

What is the role of conduct money in a witness summons?

  • It is the fee a witness must pay for speaking at court.
  • It serves as a fine for the witness if they do not appear.
  • It compensates the witness for travel expenses and lost income. (correct)
  • It guarantees that the witness can testify without penalties.

How does hearsay evidence compare to direct testimony in court?

  • Hearsay carries less weight compared to direct testimony. (correct)
  • Hearsay is only allowed if corroborated by direct testimony.
  • Hearsay is seen as equivalent to direct testimony.
  • Hearsay evidence is considered stronger than direct testimony.

What happens if a witness fails to attend after receiving a summons?

<p>They can be held in contempt of court. (D)</p> Signup and view all the answers

What type of evidence requires a sworn statement before a solicitor to be used in court?

<p>Written statements (affidavits) (A)</p> Signup and view all the answers

What is the primary duty of an expert who provides evidence in court?

<p>To act in the best interest of the court. (A)</p> Signup and view all the answers

What must occur if parties come to a settlement before trial?

<p>The settlement must be recorded in a consent order. (D)</p> Signup and view all the answers

Which of the following describes a Tomlin order?

<p>It confirms the settlement and includes a stay of proceedings. (A)</p> Signup and view all the answers

What is the time frame within which parties can send questions to an expert after receiving their report?

<p>28 days (C)</p> Signup and view all the answers

In what scenario may the court order a meeting regarding expert evidence?

<p>When parties have separate experts. (B)</p> Signup and view all the answers

Which statement accurately describes circumstantial evidence?

<p>It allows the court to infer whether a particular fact existed based on surrounding circumstances. (B)</p> Signup and view all the answers

What is required for a witness statement to be accepted at trial?

<p>It needs to be accompanied by a witness summary if it was not obtained before a specified date. (B), It should be served on the opposing party before the trial. (D)</p> Signup and view all the answers

Under what condition can a proponent call a witness who failed to serve their statement?

<p>If the proponent can show a good reason for the failure to serve the statement. (B)</p> Signup and view all the answers

What does 'Without Prejudice Privilege' protect?

<p>It allows parties to discuss potential settlements without those discussions being used against them in court. (B)</p> Signup and view all the answers

What should happen if a privileged document is accidentally disclosed?

<p>The other party may only use it with court permission. (B)</p> Signup and view all the answers

What requirement must an expert meet to provide opinion evidence in court?

<p>Demonstrating confident certainty in their specialization (B)</p> Signup and view all the answers

Which of the following statements accurately describes the basis of an expert's opinion?

<p>It requires explanation of the reasoning behind the conclusion (B)</p> Signup and view all the answers

In what context do lay witnesses differ from expert witnesses during a trial?

<p>Experts are restricted to giving opinions while lay witnesses only share factual observations (C)</p> Signup and view all the answers

What is the burden of proof required from a claimant in civil cases according to the outlined rules?

<p>To show slightly more than 50% probability of their claim (D)</p> Signup and view all the answers

Which scenario illustrates the necessity of expert qualification in a courtroom setting?

<p>An engineer describes the technical failures of a building structure (D)</p> Signup and view all the answers

How is a witness statement treated if the witness affirms it in court?

<p>It is treated as if the statement was made in court. (C)</p> Signup and view all the answers

What must a party do if they intend to rely on a signed statement of an unavailable witness?

<p>Serve a notice of their intention. (D)</p> Signup and view all the answers

What is required for a party to effectively attack a witness's credibility after receiving a hearsay notice?

<p>Serve notice of intent within 14 days. (A)</p> Signup and view all the answers

What distinguishes evidence in chief from cross-examination?

<p>Evidence in chief is presented to support one side; cross-examination tests that evidence. (B)</p> Signup and view all the answers

How may previous incidents or conduct be utilized in civil cases?

<p>To prove a pattern of behavior relevant to the case. (C)</p> Signup and view all the answers

What is the primary obligation of an expert when providing evidence to the court?

<p>To exercise independence, integrity, and impartiality (B)</p> Signup and view all the answers

Under what circumstance can oral evidence from an expert be presented at trial?

<p>When it aids the judge or is likely to impact the outcome (C)</p> Signup and view all the answers

What is required for the appointment of a single joint expert?

<p>Parties should agree unless a good reason exists not to (C)</p> Signup and view all the answers

When may the court allow parties to instruct their own experts?

<p>When issues are complex, of high value, or when different schools of thought exist (A)</p> Signup and view all the answers

What happens when a single joint expert sends their report?

<p>The report is provided to both parties who share the fee until costs are allocated (B)</p> Signup and view all the answers

Flashcards

Witness Summons

A legal document that orders a person to appear in court as a witness.

Conduct Money

Money paid to a witness to cover travel, lost time, and potential income loss for attending court.

Direct Testimony

A witness's sworn testimony given in court, subject to questioning by both sides.

Affidavit

A written statement made under oath, signed by a solicitor, and used as evidence in court.

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Hearsay

A statement, made outside of court, offered as evidence to prove a fact, but typically viewed as less reliable in court.

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Circumstantial Evidence

Evidence that doesn't directly prove a fact, but suggests it might be true.

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Direct Evidence

Evidence given by a witness who personally saw or heard something related to the case.

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Without Prejudice Privilege

Protects discussions about potential settlements from being used against a party in court.

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Public Interest Immunity

Protects documents from disclosure if their release could harm the nation or justice.

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Failure to Serve Statement

A party cannot call a witness if they didn't serve their statement on time (unless a good reason is shown ).

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Hearsay Evidence

Evidence based on an out-of-court statement, where the speaker is not present to testify. The statement is offered to prove the truth of what it asserts. Often considered less reliable than direct testimony.

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Weight of Hearsay Evidence

The weight assigned to hearsay evidence depends on factors like the witness's reliability and the circumstances surrounding the statement. If there are multiple layers of hearsay, its value decreases.

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Proving Intent to Rely on Hearsay

A party presenting hearsay evidence must inform the opposing party of their intention to use it. This can involve serving the witness statement or submitting a formal document.

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Notice of Intent to Attack Credibility

A formal document served to the opposing party, allowing them to challenge the witness's credibility after receiving notice about hearsay evidence.

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Evidence in Chief vs. Cross-examination

The party introducing evidence directly presents their case, while the opponent can question the opposing party's witnesses with cross-examination.

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Expert's Duty

Experts must be independent, unbiased, and put the court's interests above those of the person paying them.

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Expert's Report

This report is the primary way an expert presents evidence to the court. It is not shared directly with the opposing party first.

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Single Joint Expert

Parties ideally agree on one expert, minimizing costs and ensuring everyone uses the same evidence. The judge chooses if they can't agree.

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Allowing Multiple Experts

The court may allow multiple experts if the case is complex or involves different professional opinions.

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Instructing Own Experts

Parties can have their own experts, even if a single joint expert is used, if certain conditions are met.

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Consent Order

A legal document that records the agreement between parties who have settled their case before trial. It includes a stay of proceedings so the case can be resumed if there's any default.

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Tomlin Order

A special type of Consent Order that confirms the settlement terms and payment schedule. It includes a stay, so if a party fails to pay, the case can be reopened.

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Expert's duty to the court

Experts are required to provide evidence to the court and are not bound to the party who instructed them.

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Expert Questions

Parties can send questions to their or the opposing party's expert within 28 days of receiving their report.

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Expert Meeting

The court may order experts from opposing parties to meet to identify agreed and disagreed issues. Legal representatives are not allowed to be present at this meeting.

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Expert Qualification

Anyone with knowledge or experience in a specific field, regardless of formal qualifications.

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Expert Opinion

Experts can give opinions based on their specialized knowledge, skills, or training, not just common knowledge. The expert must be certain.

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Basis of Expert Opinion

Experts must explain the source of their opinions, inferences, or conclusions. This builds credibility.

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Burden of Proof in Civil Cases

In civil cases, the party making a claim must prove their case with slightly more than 50% probability.

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Judge's Role in Expert Testimony

The judge determines if a person qualifies as an expert and assigns weight to their testimony.

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Study Notes

Witness Testimony

  • Witnesses are compelled to attend court and give evidence.
  • The process of referring evidence to court is known as serving a witness with a summons.
  • The party requesting the witness to attend court must pay the witness enough money to cover expenses for travel and loss of time.
  • The amount paid is the maximum currently £67(maximum amount).
  • A party must conduct a witness in court at least seven days' before the hearing.
  • If a witness is not paid sufficiently, they are considered to be in contempt of court.
  • If a summons is ineffective, additional money is payable for further attendance; otherwise it is considered to be contempt.

Hearsay Evidence

  • Hearsay is a statement that is made out of court, and is offered in court to prove the truth of the matter asserted.
  • Hearsay is normally not admissible as evidence in court.
  • A court may put a lower weight on hearsay evidence than other evidence.
  • Exceptions to hearsay exist, where evidence made outside of court is important to the proceeding.

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Description

This quiz covers important legal principles surrounding witness testimony and hearsay evidence. Learn about the obligations and compensations for witnesses, as well as the admissibility of hearsay in court. Understand the nuances that can affect court proceedings when it comes to these types of evidence.

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