Evidence Act Flashcards
Definition: Admissible Evidence
Evidence is admissible if it is legally able to be received by a court.
Definition: Relevance
Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding”
Definition: Facts in issue
Facts in issue are those which the prosecution must prove in order to establish the elements of the offence OR those which the Defendant must prove in order to succeed with a defence in respect of which they carry the burden of proof.
Definition: Probative value
How strongly evidence points to the inference it is said to support, and how important the evidence is to the issues in the trial, will determine the level of probative value that a piece of evidence holds.
Probative value of evidence is how strongly and centrally the evidence assists in proving or disproving issues in a case.
Definition: Inference
A conclusion reached on the basis of evidence and reasoning
Definition: Prejudicial
Evidence adverse to a party’s case; the drawing of an inference against a party.
Definition: Unfair prejudice
The danger that a jury may give more weight to evidence than it deserves, speculate inappropriately about the meaning or significance of evidence, be misled by evidence or use evidence for an illegitimate purpose.
Definition: Veracity
The disposition of a person to refrain from lying.
Honestly/ credibility/ truthfulness
Definition: Circumstantial evidence
Circumstances that do not directly prove any fact in issue, but allow inferences about the existence of those facts to be drawn.
