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CONTENTS PAGE
1. INTRODUCTION 1
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2. BASIC CONCEPTS
2.1 Evidence 1
2.2 Evidential Materials 1
2.3 Argument 3
2.4 Facts in issue 3
2.5 Facts relevant to the facts in issue 3
2.6 Primary Evidence 3
2.7 Secondary Evidence 3
2.8 Prima Facie Proof 4
2.9 Conclusive Proof 4
2.10 Circumstantial Evidence 4
2.11 Direct Evidence 4
2.12 Admissibility 5
2.13 Relevance 5
2.14 Privilege 5
2.15 Formal and Informal Admission 6
2.16 Confession 6
2.17 Judicial Notice 6
2.18 Presumptions 6
2.19 Burden of Proof and Evidential Burden 7
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1. INTRODUCTION
The law of Evidence is an indispensable tool for any person who may wish to practice
the law. In order to utilize this tool efficiently and effectively it is imperative for one
to have an understanding of certain basic concepts that are constantly referred to by
authors in various publications on the Law of Evidence.
The purpose of this note is to prepare and equip persons to identify and become
conversant with basic concepts in the Law of Evidence and to provide them with a
basis that will enable them to relate to the Law of evidence in its totality.
2. BASIC CONCEPTS
2.1 Evidence
Evidence consists of information put before the court to enable the court to decide on
the facts in issue.
Evidential material refers to all the material that can be utilized as proof in court.
The Law of Evidence is about proving facts and regulates the manner in which the
facts may be proved. Facts may be proven by using different forms of evidential
material.
LAW
LAW OF EVIDENCE
EVIDENTIAL MATERIAL
2.3 Argument
Argument by the state and the defence does not constitute evidence and only has
persuasive value. It compromises of opinions or suggestions aimed at emphasizing
legal positions or factual situations and is used to convince the court to make a certain
finding.
Facts in issue are facts that a party has to prove to succeed in a case.
Example: In a case where paternity is in issue, the identity of the father will be
the fact in issue, and having sexual intercourse with the father will be a
fact relevant to the fact in issue.
Primary evidence implies that it is the best evidence or that not better (stronger)
evidence is available.
The word prima facie is a Latin phrase meaning “at first appearance.” The phrase
prima facie in law simply means that the evidence before the court is sufficient to
establish a fact or a case unless disproved.
In the absence of any contrary proof, prima facie will become conclusive proof.
Conclusive proof means proof which is final and which cannot be disproved by any
contrary proof.
Example: (1) In a murder trial, evidence may be given that A had a motive to
kill B and was seen running from B’s home with a bloodstained
knife.
(2) X testifies that he heard glass breaking, turned around and saw
Y standing in front on Z’s broken window with stone in his
hand.
Example: In a murder trial, C testifies that he was standing outside the window of
B’s home and he saw A stab B.
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2.12 Admissibility
Court held that a document can be used in cross examination in spite of its
authenticity being denied by the opposing party. It is only after the state has
closed its case that the defence has a chance to tender evidence on
authenticity. If authenticity is not proven, any evidence emanating from cross
examination must be disregarded by the court.
2.13 Relevance
In order to decide on relevance, the court must consider whether the evidence being
presented is related to the facts in issue.
2.14 Privilege
2.16 Confessions
Judicial notice means acceptance by the court of facts of general knowledge and local
knowledge as proven which have not been proven by the leading of evidence.
2.18 Presumptions
Burden of proof refers to the duty or obligation of a party to prove its case
beyond reasonable doubt in our criminal law the burden of proof rests on the
prosecution.