Introduction

Question 1

What is evidence?

Answer 1

Material/information with a significance - to prove/disprove a fact in issue

Question 2

Relevance?

Answer 2

Lord Simon in DPP v Kilbourne: evidence which is logically probative/disprobative of a fact in issue
Lord Steyn in Randall: for the most part, it is common sense and experience - matter of degree

Question 3

Circumstantial evidence?

Answer 3

Facts relevant to a fact in issue - not conclusive on its own
R v Exhall: like strands in a rope

Question 4

Case suggesting motive

Answer 4

Clewes

Question 5

Case suggesting opportunity

Answer 5

Woolf

Question 6

Case suggesting preparation

Answer 6

Clarke and Hewins

Question 7

Similar fact evidence

Answer 7

Guney: problem of using the past to predict the future - forbidden reasoning
Generally excluded in civil cases: Agassiz

Question 8

Admissibility

Answer 8

All admissible evidence is relevant, but not all relevant evidence is admissible - exclusion rules on certain types of evidence

Question 9

Weight/cogency

Answer 9

The strength of a particular piece of evidence/its probative value - i.e. how effective is it in supporting the point for which it is adduced