Admissibility of Evidence Flashcards
What are the four different divisions of evidence?
Direct, documentary, real, circumstantial.
What is direct evidence?
The testimony of a witness to a given fact
What is documentary evidence?
Documents produced for the court/judge to inspect
What is real evidence?
Material objects directly presented for inspection
What is circumstantial evidence?
Facts other than the facts in issue, from which the facts in issue may be inferred.
What is “admissible” evidence?
Evidence that the court is legally able to receive.
Evidence must always be admissible to be relevant.
What is “relevant” evidence?
Evidence where there is a connection between a fact given as evidence and the facts in issue.
Relevant evidence is not always admissible.
What is “competency”?
If a person is allowed as a matter of law to give evidence.
Who is incompetent as a witness?
SCIMI Sovereign Children (very young), or the very old Intoxicated persons Mentally ill Illness (people suffering certain types)
What is “compellability”?
A competent person who is eligible to give evidence.
Who is non-compellable as a witness?
The accused by the prosecution, exception if jointly charged under certain conditions. Judge Juror Counsel Sovereign Governor-general Bank officer (for records)
What is credibility?
The extent to which evidence will be regarded as true. Weighted by the judge/jury.
