LAW OF EVIDENCE The Evidence Law deals with deciding which Evidence should be and which shouldn’t be used in arriving at a decision by the Court and‚ sometimes‚ the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount)‚ quality‚ and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as hearsay
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secondary evidence was tendered and admitted. An objection was taken to its admission; Held: That such evidence was properly admitted and that the provision in the relevant statute “that no statement made by any person in answer to any question put by the Commission shall‚ except in cases of indictment for perjury committed in such answers‚ be admissible in evidence in any proceedings‚ civil or criminal” was not applicable‚ and did not prevent the admissibility of such evidence. In the
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Southside High School Facilitator: Henrietta Jones 2.05 Can This Evidence Be Individualized? Evidence 1: A piece of torn clothing was found at a crime scene. A torn t-shirt was found in one of the suspect’s car. 1. Can the torn clothing from the crime scene be individualized to the t-shirt found in the car? Why or why not? Yes. Because it could be individual evidence small glass fragments large glass fragment Evidence 2: Small pieces of glass were found in a suspect’s shirt pocket
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1. Hearsay evidence rule in Malaysia The general hearsay rule is that a statement made by a person not called as a witness is inadmissible to prove the truth of the facts stated and extends to oral evidence as to statements in documents.1 Where oral evidence is relied on‚ it must be direct in all cases.2 Section 603 has thus codified the rule against hearsay evidence. “Hearsay” does not mean that no witness can be allowed to depose anything which he has heard said by anyone else.4 It is secondary
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According to the Evidence Act Cap 6‚ evidence denotes the means by which any alleged matter or facts the truth of which is submitted to investigations‚ approved or disapproved‚ admissions‚ presumption of law and observations by courts in the judicial capacity as per section 2[1]d of the act. Rules of evidence refer to the procedure of admitting relevant facts by courts of law and in general they are referred to as Relevancy and Admissibility of Evidence According to section 4‚ it may be given from
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Evidence – Means‚ Mode‚ or Manner to Ascertain the Truth about a Matter of Fact in a Judicial Proceeding. Essential Parts of the Legal Definition of Evidence: WHAT: 3M – Means‚ Mode or Manner WHY: ATF – to ascertain the truth about a matter of fact WHERE: J – in a Judicial Proceeding - it is a medium or means by which a fact is proved or disproved. Proof – RESULT‚ EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of evidence
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Criminal evidence is any exhibit or testimony regarding a crime. It can take many forms‚ and is typically used to establish that a crime has been committed and identify blame or fault in a criminal case. What constitutes acceptable criminal evidence varies somewhat between legal systems‚ although ideally‚ evidence provides reasonably reliable information that gives a more complete picture of a crime The outcome of many criminal law cases will depend upon the strength and admissibility of evidence -- including
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many clues left behind. The obvious would be a the body or bodies‚ clothing‚ and sometimes even the murder weapon. While these are great way to solve a case there’s another kind of evidence; trace evidence. Trace evidence are small pieces of evidence that are laying around a crime scene. There are many types of trace evidence some of them include metal filings‚ plastic fragments‚ gunshot residue‚ glass fragments‚ feathers‚ food stains‚ building materials‚ lubricants‚ fingernail scrapings‚ pollens and
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AUDIT EVIDENCE Audit Evidence Definition : All the information used by the auditor in arriving at the conclusions on which the audit opinion is based. This includes the information contained in the account records underlying the financial statements and other information. Additionally‚ audit evidence should be persuasive‚ rather than convincing. There are different levels of reliability of audit evidence‚ some providing more evidence than others. There are nine types of audit evidence :
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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