Evidence in the Decision-Making Process (Ch. 2) Flashcards
A judge’s freedom to apply rules or decide issues in the context of a case
Judicial discretion
Method of applying rules of evidence by reference to the policy underlying the rules
Principled approach
evidence that may be considered by the trier of fact
admissible evidence
evidence that cannot be considered by the trier of fact
excluded evidence
evidence given by a witness that is based on information received from others rather than person knowledge
hearsay evidence (generally considered inadmissible)
decision-making bodies, similar to courts, that rule on regulatory disputes
administrative tribunals
fundamental legal principle entitling a person to a fair and unbiased hearing
natural justice
formal military justice process in which civilian rules of evidence apply
court martial
What are the 2 main purposes of evidence law?
- eliminate unhelpful information
- reduce the volume of information
What are the 2 sources of evidence law?
- common law (most common)
- statute law
Where is evidence law not as strict?
in administrative tribunals
in what circumstances will the courts overturn decisions on admission or exclusion of evidence made by administrative tribunals?
when a party has been denied natural justice (unfair procedure)
Meant to provide an orderly method of determining which facts may be considered by the trier of fact in deciding a case.
Rules of evidence
What are the 3 rules of evidence?
- Rules of Process
- Rules of Admissibility
- Rules of Reasoning
What reasons can be considered for an appeal?
- whether the initial decision-maker correctly applied the law (question of law)
- whether a reasonable decision-maker could have come to that decision on the basis of the admissible evidence (reasonableness)
