Definition And Types Of Evidence

Question 1

Does the evidence act define the law of evidence

Answer 1

Well the 2011 evidence act does not define the law of evidence. The law of evidence is an aspect of procedural law which govern how facts may be proved before the court by whom fact may be proved and what facts may be proved before the courts of law

Question 2

The law of evidence is primarily concerned with judicial evidence.

Answer 2

So what is judicial evidence it is a common knowledge. That’s a fact, can be proved by an oral testimony of a person who produces the facts, obey production of documentation, open inspection of things, and places all these come within the meaning of judicial evidence.

Question 3

What are the classifications of judicial evidence?

Answer 3

1. Oral evidence
2. Real evidence
3. Documentary evidence

Question 4

Eze v Okechukwu

Answer 4

The court of appeal defined evidence to mean fact, sign, object that make you believe something is true or the the information that is used in the court of law to prove the disputed fact

Question 5

Sources of Nigeria Law of Evidence

Answer 5

Primary and secondary

Question 6

What are primary sources of the evidence law

Answer 6

1. Evidence Act
2. Constitution
3. Common Law & Equity
4. Case Laws

Question 7

What does section 256 of the evidence state

Answer 7

256.(1) This Act shall apply to all judicial proceeding in or before any court established in the Federal Republic of Nigeria.

Question 8

Where does section 256 not apply to

Answer 8

(a) proceeding before an arbitrator;
(b) a field general court martial; or
(c) judicial proceeding in any civil cause or matter in or before any Sharia Court of Appeal Customary Court of Appeal, Area Court or Customary Court, unless any authority empowered to do so under the Constitution, by order published in the Gazette confers upon any or all Sharia Courts of Appeal
Customary Courts of Appeal, Area Courts or Customary Courts in the Federal Capital Territory, Abuja or a State, as the case may be, power to enforce any of all the provisions of this Act.
(2) In judicial proceeding in any criminal cause of matter, in or before an Area Court, the court shall be guided by the provisions of this Act and in. accordance with the provisions of the Criminal Procedure Code Law.

Question 9

Forms and classification of judicial evidence

Answer 9

Oral evidence
Real and documentary Evidence but procedurally we have. Direct, circumstantial, original and hearsay evidence

Question 10

What is the difference between facts and facts in issue

Answer 10

“fact” includes-(a)
anything, state of things, or relation of things, capable being perceived by the senses; and
(b)
any mental condition of which any person is conscious
“fact in issue” includes any fact from which either by itsel in connection with other facts the existence, non-exister nature or extent of any right, liability or disability asserter denied in any suit or proceeding necessarily follows:

Question 11

State the explain of facts and facts in issues from 158 of the evidence acts

Answer 11

The definitions provided distinguish between “fact” and “fact in issue” in the following manner:

1. Fact: The term “fact” has a broad scope and encompasses two categories:
   (a) It includes anything, state of things, or relation of things that can be perceived by the senses. This refers to tangible and observable aspects of reality, such as physical objects, events, or conditions.
   (b) It also encompasses any mental condition that a person is consciously aware of. This refers to subjective experiences, thoughts, emotions, or states of mind that an individual can perceive within themselves.

In summary, “fact” includes both objective external phenomena perceived by the senses and subjective mental conditions that individuals are aware of.

2. Fact in Issue: On the other hand, “fact in issue” has a narrower focus and refers to a specific type of fact that is directly relevant to a legal dispute or case. It includes any fact from which, either on its own or in conjunction with other facts, the existence, non-existence, nature, or extent of a right, liability, or disability asserted or denied in a lawsuit or legal proceeding necessarily follows.

In simpler terms, “fact in issue” pertains to facts that are directly connected to the specific claims, rights, liabilities, or disabilities being contested in a legal case. These facts play a crucial role in determining the outcome of the case because they have a direct bearing on the rights and obligations of the parties involved.

To summarize, while “fact” has a broader definition encompassing both tangible and observable elements as well as subjective mental states, “fact in issue” refers specifically to the facts that are essential for deciding the disputed claims, rights, liabilities, or disabilities in a legal proceeding.

Question 12

Section 4-13 of the evidence act state

Answer 12

To know facts in issues and relevant facts

Question 13

What is oral evidence

Answer 13

Oral evidence this is the direct testimony of a person or ascertain of a human being that is offered as proof of the truth of what is being ascertained vivavaco or a person, or that a certain, or a human thing or the truth. This is the most common type of judicial evidence. All facts expects the content of a document may be proved by oral evidence

Question 14

What does section 125 of the evidence act say with case

Answer 14

All facts, except the contents of documents, may be proved by oral evidence. See Okonko vEdeciy 1962.

Oral evidence has to be direct from the mouth of the person who witnessed it.

Question 15

what is Real evidence

Answer 15

This is the production before the court of enemy to thing, including human being, who may be ordered by the court, for inspection of the court, is still for me, inspectable permit a jury to inspect any movable, immovable property, which is in dispute of the court, is important to note that this does not include the inspection of documents

Question 16

What is Documentary Evidence

Answer 16

It is a document which is offered to the “improve of any fucked in issue. How are you tend to eight documentary evidence how do you poo the content of the documents notes that in the proof of such, but it is the production of the documents, itself is required section 85 of the evidence that the content of any documents may be proved either by primary or secondary evidence.

Question 17

What is secondary andprimary

Answer 17

Primary means the document itself produces for inspection of the court
Secondary Evidence:87 of the evidence act. Secondary evidence includes-
(a) certified copies given under the provisions hereafter contained in this Act;
(b) copies made from the original by mechanical or electronic processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;
(c) copies made from or compared with the original;
(d) counterparts of documents as against the parties who did not execute them; and
(e) oral accounts of the contents of a document given by some person who has himself seen it.