Deck 11: Witness Statements and Documentary Evidence

Question 1

Which of the following is more likely than the others to be admitted on the grounds of 'relevance'?
For evidence to be admissible in a civil court it must be relevant to the issues in question.

A) In a claim against a publican for failing to buy his beer from his landlord brewer, the defence of the publican was that previously the brewer had supplied him with bad beer; to rebut this the brewer sought to adduce evidence that he had supplied good beer to other customers.
B) In an action between A and B as to the specific terms of the contract between them A sought to adduce evidence that similar terms were in other contracts he had with other customers.
C) In a road traffic accident the defendant sought to adduce evidence that he had an unblemished driving record throughout the 30 years he had been driving.
D) In a claim for injuries sustained in an accident at work the claimant sought to adduce evidence that the working practices in the factory had been changed since the accident.

Answer 1

D

Question 2

Does the court have a discretion to exclude evidence that would otherwise be admissible?
Select the best answer from those listed below.

A) Yes, the CPR allows the court to control the evidence and exclude evidence that would otherwise be admissible.
B) Yes, the court has always had the power to exclude evidence that would otherwise be admissible.
C) No the court does not have the power, since the introduction of the CPR, to exclude evidence that would otherwise be admissible.
D) No, the court has never had the power to exclude evidence that would otherwise be admissible.

Answer 2

A

Question 3

Referring to the law of 'rebuttable presumptions' which of the following is correct?

A) Evidence that a child born within 5 months of marriage raises a rebuttable presumption that the child was conceived before marriage, it will be for the party seeking to assert that the child was conceived before marriage to adduce evidence that the child born was a full-term baby (i.e. was not born prematurely) to rebut the presumption raised.
B) Evidence that a marriage was celebrated will raise a rebuttable presumption that the parties are married, the husband seeks to show that there was no valid marriage; he will need to adduce evidence to rebut the presumption that the parties were married.
C) When there is no word from a person for more than 7 years and reasonable enquiries have been made to establish the person's existence, there will be a presumption that the person is dead; the wife seeking to establish that her husband is dead will need to adduce evidence that establishes beyond doubt that her husband is dead.
D) Evidence that a surgeon is a known expert in a field will raise a rebuttable presumption that the surgeon carried out a specific operation in his field of expertise correctly and it will be for the claimant to prove otherwise.

Answer 3

B

Question 4

Which is not correct?
In civil litigation the burden of proof can be described as follows …

A) evidence that is thought "to be more probable than not" will discharge the burden.
B) proof beyond all reasonable doubt must be adduced before the burden is discharged.
C) the burden "must carry a reasonable degree of probability, but not so high as is required in a criminal case".
D) the burden will vary with the degree of seriousness of the allegation and "the more serious the allegation the more cogent must be the evidence to overcome the unlikelihood of what is alleged".

Question 5

Which of the following is an exception to the rule that any person may be a compellable witness?
Any person may be a competent witness and all competent witnesses are compellable. This includes:

A) A child.
B) A person of unsound mind.
C) A former spouse.
D) An atheist.

Question 6

Which is correct?
A witness in a civil case who has difficulty remembering the degree of detail needed to answer questions put to him may …

A) not refer to any document to assist him give the detail required.
B) refer to a document to assist him give the detail required provided the document was made at the time the events took place or soon afterwards and provided the document has already been produced to the other party and the court.
C) refer to a document provided it is in his witness statement and is endorsed with a statement of truth.
D) not refer to any document unless the permission of the court is sought and has been granted.

Question 7

There is a general rule that the party who calls a witness cannot seek to cross-examine the witness or seek to discredit the witness even if he has failed to give the evidence expected ('has not come up to proof') and even though the expected evidence is contained in his witness statement. In these circumstances, which of the statements below represents an incorrect course of action?

A) If the witness during his evidence is showing that he will not 'come up to proof' and give the evidence expected of him the party may withdraw the witness from his case.
B) The party calling that witness may call other witnesses to give evidence that was expected of the witness who did not come up to proof.
C) If the witness who has not come up to proof does not otherwise seem in any way hostile to the party calling him, he is only an unfavourable witness and the party who has called him has no rights to cross-examine him or otherwise seek to discredit him
D) If the witness appears to the judge to be a witness who is hostile to the party who has called him or seems intent not to tell the truth then that witness can be deemed a 'hostile witness' and, at the judge's discretion, the party who has called him may be permitted to cross-examine him.

Question 8

Which of the following does not represent an example of documentary or real evidence, for the purposes of civil evidence?

A) A copy of an original document that has been marked or written on in a way that is relevant to the case.
B) An original document.
C) A copy of a document that has been sent for stamping.
D) A sealed copy of a document.

Question 9

Which is not correct?
S) 11 of the Civil Evidence Act 1968 …

A) reverses the decision in Hollington v F. Hewthorn & Co Ltd [1943] KB 587 and creates a persuasive presumption that the person convicted shall be taken to have committed the offence in question.
B) provides that a party may not rely on a conviction on which an appeal is pending.
C) enables a party to rely on a relevant conviction of the other party.
D) provides that a party must provide details of the conviction in his particulars of claim including the conviction, the date of it, and the court in which it was made.