Chapter 2- Basic Concepts In The Law Of Evidence

Question 0

What does the concept of Admissibility entail?

Answer 0

A fact is admissible if law allows it to be proven by means of evidence. To be admissible, a fact must either be in issue, or have some degree of relevance to the facts in issue. Evidence is admissible if the rules of law allow it to be adduced before the court.

Question 1

What is the place of the Law of Evidence in the legal system?

Answer 1

It is a branch of Adjective law (or Law of Procedure), as distinct from Substantive law. Substantive law describes the rights, duties and liabilities,while Adjective (Formal) law describes the procedure, pleading and proof by which Substantive Law is applied in practice.

Question 2

What is the concept of Admissibility connected to?

Answer 2

The concept of Relevance.

Question 3

What does the concept of Burden of Proof entail?

Answer 3

It is the burden (duty) which is placed on a party by rules of law to prove a fact in issue.

Question 4

What concept is the Burden of Proof connected?

Answer 4

It is linked with Burden of Rebuttal, and Proof (quantum/weight).

Question 5

What does the concept of Burden of Rebuttal entail?

Answer 5

It is the burden on a party to rebut prima facie proof in order to avoid a decision against him. (Opposite of Burden of Proof)

Question 6

What does the concept of Compellability entail?

Answer 6

The capacity to be lawfully obliged to give evidence. (You must testify).

Question 7

What concept is Compellability linked with?

Answer 7

With Competence and Privelege.

Question 8

What does the concept of Competence entail?

Answer 8

The capacity to be lawfully called to give evidence? (may you testify)

Question 9

What does the concept of Evidence entail?

Answer 9

Evidence may defined as the testimony of witnesses and the production of documents and the other exhibits which may be used for the purpose of proof in legal proceedings.

Question 10

What concept is Evidence linked with?

Answer 10

Probative material.

Question 11

What does the concept of Facts in issue (Facta Probanda) entail?

Answer 11

These are the facts which a party must prove in order to establish his case. It is only when the fact alleged by the one party is not admitted by the other party, that a fact in issue is mentionable. Facts which are admitted, expressly or by implication, are not in issue. Facts in issue are, therefore, determinable primarily by the Substantive Law, and secondly by the pleadings.

Question 12

What does the concept of Facts relevant to the facts in issue (Facta probantia) entail?

Answer 12

These are facts which render probable the existence or non-existence of a fact in issue, or some other relevant fact. Facts relevant to the issue are in the main determined by the rules of the Law of Evidence based on ordinary logic and experience.

Question 13

What does the concept of Law of Evidence entail?

Answer 13

The primary function of the Law of Evidence is to determine, (1) which probative material may be put before the court in order to prove a fact, as well as to determine the (2) how, by (3) whom, or (4) what of this evidence. The Law of Evidence therefore includes all the rules which regulate the proof of facts in a court of law.

Question 14

What does the concept of Nexus entail?

Answer 14

It is the causal connection between two sets of facts with relevance as basis.

Question 15

What does the concept of Prima facie entail?

Answer 15

It indicates that it can be provisionally accepted (on the face of it) that the goal aimed at, namely proof, has been reached, but that rebuttal is still possible.

Question 16

What concept is Prima Facie linked with?

Answer 16

The concept of Proof (Quantum/Weight)

Question 17

What does the concept of Primary evidence entail?

Answer 17

It implies that it is the best evidence, or that no better (stronger) evidence is or was available.

Question 18

What concept is linked with Primary Evidence?

Answer 18

Secondary Evidence

Question 19

What does the concept of Privilege entail?

Answer 19

Privilege is attached to communication between parties. It is the right of a witness or person entitled to privilege, to withhold from a court info relevant to an issue in the proceedings before the court.

Question 20

What does the concept of Probative Material entail?

Answer 20

It refers to all the material which can supply proof in court. It includes evidence, presumptions, judicial notice and admissions.

Question 21

What does the concept of Proof (Quantum/Weight) entail?

Answer 21

Proof is the method by which the existence or non-existence of some fact may be established to the satisfaction of the court charged with the duty of trying fact, in civil proceedings the court may decide on a balance if probabilities. In criminal proceedings, convictions can only follow if the court is satisfied that the guilt of the accused has been proven beyond reasonable doubt.

Question 22

What does the concept of Relevance entail?

Answer 22

It is the relationship between one fact and another, wherein, according to the rules of logic and the common experience of people, the existence of one renders probable the existence or non-existence of the other. All admissible facts are relevant, but not all relevant facts are admissible.

Question 23

What does the concept of Secondary Evidence entail?

Answer 23

It implies that better evidence exists or did exist.

Question 24

What does the concept of Subpoena (Summons) entail?

Answer 24

A document issued in a civil action or criminal case requiring the person to whom it is directed (the witness) to be present at a specified place and time, and for a specific purpose. It is a way to get a person or document to court.

Question 25

What does the concept of Testimony entail?

Answer 25

The statement of a witness in court, generally sworn, and offered as evidence of the truth of that which he asserts.

Question 26

What does the concept of Witness entail?

Answer 26

One who gives formal or sworn evidence at a hearing.

Question 27

What types of witnesses are there?

Answer 27

1) Trial witness (physically present in court);
2) Contributing witness;
3) Witness on merits.

Question 28

What is the two stage process in analyzing evidence?

Answer 28

Stage 1- Admissibility (1st hurdle)

Stage 2- Weight/ Quantum of proof.

Question 29

What is the burden of proof in civil cases?

Answer 29

He who alleges must prove.

Question 30

How does civil procedure differ from criminal procedure!

Answer 30

In regards to burden of proof as well as quantum of proof.

Question 31

What’s the burden of proof in criminal cases?

Answer 31

The burden rests on the State to proof the guilt of the defendant beyond reasonable doubt.