Admissibility of evidence Flashcards
1
Q
Burden of proof
A
Responsibility of establishing the case concerned
2
Q
Exceptions
A
Shifts to defence
Ex. Sec 66 arms act person must prove otherwise
3
Q
Divisions of evidence
A
Direct
Documentary
Real
Circumstantial
4
Q
Direct evidence
A
Testimony of a witness
5
Q
Documentary evidence
A
Documents produced for court to inspect ex. Licence
6
Q
Real evidence
A
Material objects presented for inspection ex. Knife
7
Q
Circumstantial evidence
A
Facts other than the facts in issue ex. Fingerprints
8
Q
Admissible evidence
A
Evidence is admissible when the court is legally able to receive it
9
Q
Relevant evidence
A
To be admissible, evidence must also be relevant
10
Q
Competent witnesses
A
Allowed as a matter of law to give evidence Examples: not competent scimi sovereign Child Intoxicated Mentally disordered Illness
11
Q
Compellable witness
A
To be compellable a witness must first be competent Examples of non compellable witnesses: Judge Juror Counsel Sovereign Governor General
