Opinion Evidence

Description

Quiz on opinion evidence
David Isaac
Quiz by David Isaac, updated more than 1 year ago
David Isaac
Created by David Isaac over 7 years ago
3
0

Resource summary

Question 1

Question
The following statement given by a doctor is opinion: "Those injuries are consistent with sexual assault."
Answer
  • True
  • False

Question 2

Question
Expert opinion evidence is...
Answer
  • Admissible so long as the jury's decision is not prejudicially swayed by the opinion.
  • Presumptively admissible
  • Presumptively inadmissible

Question 3

Question
Where the distinction between opinion and fact is not clear...
Answer
  • It is presumptively treated as opinion.
  • It is up to the judge to use discretion as to whether to admit it.
  • It is presumptively treated as fact.

Question 4

Question
Which of the following is NOT part of the test in R v Mohan for admitting expert evidence?
Answer
  • Relevance
  • Necessity
  • Absence of any exclusionary rule
  • General acceptance of the expert's technique
  • The expert is properly qualified
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