Introduction: Basic Concepts of the Law of Evidence Flashcards
Direct evidence
Direct evidence is the statement by a witness of facts that the witness has perceived through his or her own senses For example, if the witness sees a car hitting X, that constitutes direct evidence of the factum probandum
Real evidence
Real evidence can take a variety of forms. It can prove the fact in issue or a relevant fact by, for example, the presentation of a gun, the alleged murder weapon. It can comprise evidence of the view of the site of the incident giving rise to the case.
documentary evidence
Documentary evidence can constitute circumstantial evidence – for example, to prove motive – or testimonial evidence, such as something about the fact in issue through a confession.
what does the word relevant mean?
The word “relevant” means that any two facts are so related to each other that according to the common course of events one, either taken by itself or in connection with other facts proves or renders probable the past, present or future existence or non-existence of the other.’
what is the function of the judge and the jury
All questions of law are for the judge to decide. The trial judge is the sole arbiter of questions of law. Arguments on points of law are always heard in the absence of the jury (where relevant). The judge determines the issue of law and the jury accepts the judge’s evaluation of law. The jury, in turn, is then the arbiter of fact. Where there is not a jury, the judge has both distinct functions: arbiter of fact and arbiter of law.
what is circumstantial evidence?
Circumstantial evidence establishes facts which do not directly prove an allegation but rather tend to establish its probability.
Rule is that the circumstances proved should be such that lead to the fair and reasonable conclusion pointing to the accused to the exclusion of others as the person who committed the crime
The law of evidence can be summed up in 9 words
all relevant evidence is admissible, subject to the exceptions!’ (Keane, 2012)
who owns the burden of proof in criminal cases
Prosecution ebars the burden of proof in criminal cases
who owns the burden of proof in civil cases?
it lies on the party who affirms. This is subject to the doctrine of res ipsa loquitur which often applies in negligence claims
what is the standard of proof in both civil case and criminal case
In criminal cases the SOP is ‘beyond all reasonable doubt’. In civil cases the standard is lower: proof on the ‘balance of probabilities’.
what is voir dire?
Judges determine the admissibility of evidence in the absence of a jury
Material evidence
The material evidence is that evidence, which has to be linked with the fact of the case in order to get conclusion of the issue.
what is an expert witness?
an expert is a skilful professional in particular field capable of possessing specialized knowledge concerning the matter in issue, which a common man cannot possess. The term expert includes both the superior knowledge and practical experience in a particular field. Every expert need not have academic qualifications.
Direct examination
Direct examination is also called as Examination in chief. It means examination of a witness called by the party.
Conversely if the advocate for the plaintiff introduces witnesses is support of his case and examines them, it is called Direct examination
This examination performed to obtain facts by the party for which he is claiming.
Cross-examination
Examination of a witness by the adverse party shall be called as cross-examination. The purpose of the cross-examination is to test the veracity of the witness.
