Chapter 13 Flashcards
What is the rules on evidence in the small claims track?
Unless the court gives permission there is no advance disclosure of witness statements and expert evidence is not usually allowed.
Who has the burden of proof?
The claimant unless the defendant wants to rely on a positive defence such as contributory negligence.
What is the standard of proof?
On the balance of probabilities.
What does res ipsa loquitur mean?
The facts speak for themselves. I.e common sense.
What are the two different types of evidence?
Lay witness and expert witness.
What is the difference between direct and circumstantial evidence?
Direct - oral evidence from someone who has perceived the facts. I.e an eye witness.
Circumstantial - this does not establish fact but gives an understanding of the circumstances.
Where does the courts power to control evidence come from?
Part 32 and Part 33. Civil evidence act 1995.
Can a witness give evidence for both the claimant and the defendant?
Yes. There is no property of a witness.
If a witness is refusing to give evidence can you summon them?
Yes but it must be served at least 7 days before the hearing.
What is the process in court for the witness?
- Sworn in
- Evidence in chief
- Cross examination from opposing party
- Re-examination by first party
- Judges questions
