general principles Flashcards
relevancy of evidence
evidence will not be admitted before the court unless it is relevant
dpp v kilbourne
evidence is relevant if it is logically probative or disprobative of some matter.
W Alexander & Sons Ltd Dundee Corp
relevancy is concerened with what facts may legally be proved with a view to establishing or disproving the issue or issues that are the subject matter before the court. Facts in issue are ascertained by written pleadings or crim complaint.
Donoghue v stevenson
don’t confuse relevancy as part of the law and practice of evidence with plea of relevancy as matter of law. certain items will be excluded because of irrelevant/ not sufficient matter of degree depends on trial judge
Admissibility of evidence
even if relevant might not be admissible.
evidence about character
might be inadmissible as there is a limit as to the scope of any judicial enquiry by excluding collateral matters
rule against hearsay (character witness modern approach more forgiving)
as far as practicable the truth is ascertained and thus excluding unreliable evidence
promotion of sol client confidentiality
promoting a goal or policy other than truth finding
distinctions of evidence
direct/circumstantial
primary/ secondary
oral/ written/ real
weight of evidence
this is distinct from relevance and admissibility. weight is determined by tier of fact (ie a jury). Important for scope of appeals
Necessity of evidence
certain types of facts do not require proof by evidence ie facts within judicial knowledge
Unified law of evidence
sharp distinction between civil and criminal emphasised by legislation
interaction of evidence and procedure
both are part of adjectival law but the law of procedure concerns adjudication process more broadly
