Class Three - Proving a Case

Question 1

What is the fundamental rule of admissibility in the law of evidence?

Answer 1

The requirement of relevance

Question 2

When will evidence be admissible? When will it be inadmissible?

Answer 2

S 56(1) - Evidence that is relevant is admissible
S 56(2) - Evidence will not be admissible if it is excluded by the operation of the exclusionary rules of evidence (e.g hearsay)

Question 3

What is the legal definition of ‘relevance?’

Answer 3

S 55(1) - Evidence that is relevant in the proceeding is evidence that, if it were accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the proceeding.

Question 4

What must be established first, before we can determine whether evidence is relevant?

Answer 4

The evidence must be relevant to the FACTS IN ISSUE (the elements that must be satisfied to make out the cause of action). This must be established FIRST.

Question 5

What is direct evidence?

Answer 5

Evidence that, if accepted, establishes the existence or non-existence of one or more of the facts in issue in the proceeding.

Question 6

What is circumstantial evidence?

Answer 6

Evidence from which the existence or non-existence of the facts in issue can be inferred - it is always inconclusive.

Question 7

What is credibility evidence?

Answer 7

Evidence that has no direct bearing on the facts in issue, but that relevant to the credibility of evidence that does have such a bearing (DE or CE).

Question 8

What is provisional relevance?

Answer 8

Where the relevance of an item of evidence depends upon proof of another fact.

Question 9

How do we apply the test of relevance?

Answer 9

• Common sense, experience, logic
• Using a PROCESS OF REASONING to show information is relevant (could affect jury’s assessment of probability of existence of fact in issue).