Key Concepts Flashcards
Inferance
Factual deduction
Assumptions which can come from evidence
Relevance
Logical or material connections required between evidence and the issue at hand
Admissibility
Can be put to the court
Inadmissability
Cannot be admitted to the court
Disclosure
An expectation placed on the party to revel to their opponent in advance evidence which exits whether it will be admitted to the court or not
Standard of proof
The degree to which the court must be satisfied on an issue
Criminal = beyond reasonable doubt
Civil = balance of probabilities
Presumption
Rules eight in substantive law which allocate the burden of proof
Direct evidence
Evidence which is directly capable of proving a fact in an issue
Eg eyewitness
Circumstantial evidence
Evidence is not capable of proving the issue but can be used in conjunction
Sufficiency
The requirement that enough critical evidence is led of the fact
Exclusionary rules
Can exclude pieces of evidence from being admitted to the court
Hearsay evidence
Evidence of which another person had said
Or letter or document
Said under oath
Primary - admissbale
Secondary - inadmissible but can be used to back up
Privaledge
The right to without a fact from the court as It is more than important than the truth
Best evidence
The original thing or testimony of direct eye writness
Secondary evidence
A copy or photograph not the best evidence
Courts want best evidence
Pole In council flat case
Lochrrby bombing
