Classic Classic Quiz Evidence - Relevance by Diamondsareforever Diamondsareforever 20 played - 9 yrs ago A quiz about the UK law on relevance with regards to evidence. QUIZ 30 QUESTIONS expert 1 Which of these statements could be associated with the orthodox theory of relevance? Without any exceptions all irrelevant evidence is inadmissibleSubject to any exceptions all relevant evidence is inadmissibleWithout any exceptions all irrelevant evidence is admissibleSubject to any exceptions all irrelevant evidence is admissibleWithout any exceptions all relevant evidence is admissible 2 What is materiality with regards to evidence? What you need to prove to win caseThe substantive lawRelevant evidence should only be excluded if admitting harmed caseVexation and expenseAn essential element of the rationalist approach 3 Why was the evidence not admissible in Gosney (1971) 55 Cr App R 502? Was vexatiousWould have been too expensiveWould have been harmful to admitStrict liability offenceWas hearsay 4 What is the factum probandum? Facts to be provedItem of evidence offered to prove factum probansRelationship of logical relevanceIrrelevant factsFacts that do not have to be proved 5 What is the factum probans? Facts to be provedWhat you need to prove to win caseItem of evidence offered to prove factum probandumFact of liabilityRelevant facts 6 Which US Federal Law states 'any fact of consequence which makes the determination of action more probable or less probable on basis of evidence is admissible'? Federal Law 11Federal Law 44Federal Law 300Federal Law 401Federal Law 420 7 When is evidence relevant? If it proves factsIf it makes the matter requiring proof more or less probableIt it shows a relationship of logical relevanceIf it has a low degree of probative valueIf it is clear cut 8 When is evidence admissible? If it is sufficiently relevantIt it makes the matter requiring proof less probableIf it is excluded by rulesIf it has a prejudicial effectIf the judge says it is 9 What might exclude relevant evidence? FactsLack of logical relevanceIt's not clear cutJuryRules 10 Which sections of PACE prescribe the judge's exclusionary discretion? S 78 & 82(3)S 20 & 3S 101 & 20(3)S 11 & 48S 3 & 4 11 Which act relaxed bad character evidence? Criminal Justice Act 2003PACECoroners and Justice Act 2009LASPOCriminal Justice and Immigration Act 2008 12 When is hearsay evidence allowed? When the judge exercises his discretionNeverIf it is relevant to an important issueIt the person is an expertWhere it has sufficient probative value 13 Which of these types of evidence has the lowest probative value? Attacker had blue eyesAttacker had tattoo of blue eyesAttacker wore jacket with blue eyes onAttacker had blue eyes and blonde hairAttacker had one blue and one green eye 14 What is legal relevance? Some link to facts in issueSubstantive lawMore than merely relevantEvidence of highest probative valueEvidence is relevant later 15 What is logical relevance? More than merely relevantHighest probative valueEvidence based on common senseSome link to facts in issueEvidence that is consistent 16 Example of a type of evidence that may lead to unwanted inferences? Eye witness evidenceOpinion evidenceSexual history evidenceConfessional evidenceHearsay evidence 17 Example of where opportunity to commit offence was relevant to civil law? Contract lawLaw on misrepresentationModern divorce lawOld divorce lawPassing off 18 Which case held that evidence wasn't relevant because the beer hadn't come from the same brew? Manchester Brewery Co Ltd v Coombes (1901)Hails v Curb (1908)Blastland (1986)Holcombe v Hewsom (1810)Kearley (1992) 19 Which case held that as the beer had come from the same brew the evidence was relevant? Hails v Curb (1908)Manchester Brewery Co Ltd v Coombes (1901)Kearley (1992)Blastland (1986)Hails v Curb (1908) 20 Which case involved the catching of barber's itch? Hails v Curb (1908)Manchester Brewery Co Ltd v Coombes (1901)Blastland (1986)Kearley (1992)Woodhouse v Hall (1980) 21 Which case held that evidence is only admissible if it relates to the state of mind of the person directly in issue at trial? Kearley (1992)Woodhouse v Hall (1980)Batt (1994)Wright (1994)Blastland (1986) 22 Which art of the ECHR was alleged to have been breached in Blastland (1986)? 68247 23 Which section of the CJA 2003 states that 'evidence of bad character of person other than the defendant is only admissible if it has substantial probative value to matter in issue in proceedings'? S 12(a)S 114(d)S 2(a)S 342(b)S 145 (a) 24 Which case held that the state of mind of callers making calls to buy drugs was not relevant to the facts of the case? Blastland (1986)Kearley (1992)Woodhouse v Hall (1980)Batt (1994)Wright (1994) 25 Define hearsay Evidence that is relevant and admissibleEvidence which an ordinary person using common sense would see as relevantEvidence that should always be admittedOut of court statement admitted to prove truth of contentsCharging a defendant with the management of a brothel 26 In which case was the fact that police officers were offered sexual services at a massage parlour relevant evidence? Batt (1994)Wright (1994)Metropolitan Asylum District v Hill (1882)O'Leary (1946)Woodhouse v Hall (1980) 27 Which case held that the £150 found was not relevant? Wright (1994)Metropolitan Asylum District v Hill (1882)Batt (1994)O'Leary (1946)Woolmington v DPP (1935) 28 Which case is evidence of evidence being excluded because it would take too long to hear? O'Leary (1946)Metropolitan Asylum District v Hill (1882)Woolmington v DPP (1935)R v Edwards (1975)R v Hunt (1987) 29 Which case held that the £16, 000 found was admissible? Batt (1994)O'Leary (1946)Metropolitan Asylum District v Hill (1882)Wright (1994)Woolmington v DPP (1935) 30 Which case is an example of the res gestae rule? O'Leary (1946)Woolmington v DPP (1935)McNaughton (1883)R v Edwards (1975)R v Hunt (1987) A mistake in this Quiz ? Contact the author Commentaires
