Law of Evidence
Assignment: Law of Evidence
Question 1
The law of evidence aims to determine what material may be presented in court as evidence, by whom, in what manner and its probative value.
Question 2
The onus of proof lies with the State to prove that the accused is guilty.
Question 3
Real evidence is evidence in the form of objects or exhibits such as the murder weapon. Documentary evidence is evidence in the form of written documentary such as letters and contracts.
Question 4
Evidential material is admissible when it is relevant and it has been obtained legally to ensure a fair trial for both parties.
Question 5
The plaintiff
Question 6
The State
Question 7
On a balance of probabilities
Question 8
Beyond reasonable doubt
Question 9
The witness must give their own account of the facts. It is to examine the witness’s powers of observation and their commitment to tell the truth.
Question 10
Leading questions and cautionary rule.
Question 11
Oral, documentary, real, direct and circumstantial evidence
Question 12
The relevance of the evidence. The evidence in most of these cases is unreliable and will prejudice the chances of a fair trial.
Question 13
Strong logical and relevant link between facts of case and conduct. Action of defamation. Accused testifies about his own good character and trial on sentence in a criminal case.
Question 14
It is applied to ascertain credibility and treat some types of evidence with caution and circumspection. Usually the evidence is unreliable but that does not make it inadmissible.
Question 15
To single witnesses, children and previously to victims of sexual misconduct.
Question 16
When evidence was obtained, but the constitutional rights of a person (persons) were violated in the process
Question 17
Judicial notice is when the court accepts something as a fact because it is so well known that it would be unnecessary and absurd to require it to be proved.
Question 18
Question 1
The law of evidence aims to determine what material may be presented in court as evidence, by whom, in what manner and its probative value.
Question 2
The onus of proof lies with the State to prove that the accused is guilty.
Question 3
Real evidence is evidence in the form of objects or exhibits such as the murder weapon. Documentary evidence is evidence in the form of written documentary such as letters and contracts.
Question 4
Evidential material is admissible when it is relevant and it has been obtained legally to ensure a fair trial for both parties.
Question 5
The plaintiff
Question 6
The State
Question 7
On a balance of probabilities
Question 8
Beyond reasonable doubt
Question 9
The witness must give their own account of the facts. It is to examine the witness’s powers of observation and their commitment to tell the truth.
Question 10
Leading questions and cautionary rule.
Question 11
Oral, documentary, real, direct and circumstantial evidence
Question 12
The relevance of the evidence. The evidence in most of these cases is unreliable and will prejudice the chances of a fair trial.
Question 13
Strong logical and relevant link between facts of case and conduct. Action of defamation. Accused testifies about his own good character and trial on sentence in a criminal case.
Question 14
It is applied to ascertain credibility and treat some types of evidence with caution and circumspection. Usually the evidence is unreliable but that does not make it inadmissible.
Question 15
To single witnesses, children and previously to victims of sexual misconduct.
Question 16
When evidence was obtained, but the constitutional rights of a person (persons) were violated in the process
Question 17
Judicial notice is when the court accepts something as a fact because it is so well known that it would be unnecessary and absurd to require it to be proved.
Question 18