Law of Evidence

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 (Hearsay, is the evidence of those who relate, not what they know themselves, but what they have heard from others.), authentication, admissibility, reasonable doubt, and clear and convincing evidence. There are several types of evidence, depending on the form or source. When a dispute, whether relating to a civil or criminal matter, reaches the court there will always be a number of issues which one party will have to prove in order to persuade the court to find in his or her favour. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. In Scots law the rule of corroboration in criminal cases, requires that there must be two pieces of evidence, to prove each essential fact. For example, DNA evidence could corroborate an eye witness testimony, proving person X committed a crime. This corroboration requirement no longer applies in civil cases, with the exception of some areas of family law, such as divorce, when another individual, not party to the marriage, must act as 'witness', however this is not referred to as corroboration. Most legal disputes which get to court involve a dispute about the facts. For instance, on a charge of murder the prosecution must prove that the victim was killed by the defendant who at the time had that mental state specified by the Criminal Law for murder. The facts in issue will be the actions and the mental state of the defendant. The court reconstructs