Direct And Circumstanial Evidence Flashcards
What is direct evidence
Is the actual facts as given by witness for example
1. Eyewitness
2. Those investigating the case. E.g police officers
3. Evidence of a Expert E.g doctors on a rape case
Circumstantial evidence on the other is
That which is not specifically stated or given by a witness but is based on inference from direct evidence on the record of the court it is inferred based evidence on reputable presumption
How is the veracity of direct evidence tested
It is tested through examination in chief, cross examination, re- examination. It should be noted there can be no re-examination without cross examination
The usage and application of circumstantial Evidence can come by way of
presumption or by way of accepted general usage, the both come under relevant facts
Give an example of a presumption of law in facts relevant
Some facts which would not have been relevant, may become relevant by reason of special circumstances. For example, where title to interest in family or convenience land is the issue over evidence of family, concerning such a title or interest is relevant this is recognized as an exception to the rule of hearsay.
What is the principle in commissioner of l. V Adeju
Other this principle is now incorporated into the evidence act. There is no doubt is developed as a result of practice of courts in admitting such evidence see the case of commissioner of L. V Adeju. Is that undoubted practice in this country as admissible in cases as to title of a family land literacy among the people of this country does not go back very far, and the overall traditional is generally the only evidence available as sir, to the ownership of land elders, then use the memory of Living witnesses.
What determines the weight of traditional evidence
 The rates given to this type of evidence, depends on how far it is supported by other evidence of living people affects within the open knowledge that is, it is supported by direct evidence. For example, that which is provided by section 46 of the evidence acts, it says, acts of possession and enjoyment of land may be evidence of ownership, or the occupancy , not only of the particular piece of land, but with reference but to acts done and ownership of land to connected to the land, in contention
