CLP 4 - evidence Flashcards
What happens if a Witness statement is agreed
- read out in court
- carries same weight as oral evidence
What happens if a fact is agreed?
both parties can just agree the fact as a fact.
What is a judicial notice of fact
Relates to fact that is obviously true or very easy to find out (judge can look up)
what types of evidence are there:
- real evidence
- direct evidence
- Circumstantial evidence
- A view
What is real evidence?
objects and things brought to court.
What is direct evidence?
where a witness has experience of a matter.
What is circumstantial evidence?
evidence from which facts are inferred.
What is ‘a view’
jury go to the scene of a crime or visit an object that cannot be brought to the court.
What is the Legal Burden of proof
prove to required standard (i.e. beyond all reasonable doubt)
What is the evidential burden of proof
Judge considers the Jury has heard:
- some evidence
THAT - could find an issue proved
Who has the burden for proving an alibi?
The prosecution still has the burden of proof of showing the Alibi is false.
