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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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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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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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
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Memorandum To: From: Date: 08/31/2012 Re: Laws of Evidence Assignment #2 Statement of Assignment You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request‚ this memo includes my analysis‚ reasoning‚ and conclusions regarding the admissibility of such evidence. Statement of Facts The defendant was prosecuted for the murder of his wife. The victim’s body
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Under s. 4 of the Uganda Evidence Act‚ evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily involves the adduction of evidence in an attempt to prove a fact‚ subject to occasional cases where a fact can be established without evidence. Towards the end of
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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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A STUDY ON PRESUMPTION WITH SPECIAL REFERENCE TO PRINCPLE OF LEGITIMACY Submitted to: Mr. Kishor Bista Mr. Bishow Mani Pokharel Subject: Evidence Law Submitted by: Ms. Binita Pandey Kathmandu School of Law L.L.B 3rd year Date of submission: 28 Baisakh 2068 TABLE OF CONTENT Table of Abbreviations Table of Cases Table of Statutes 1. Chapter I 1.1 Background 1.2 Objectives 1.3 Limitation 1.4 Methodology 1.5 Organization of study 2. Chapter II 2.1 Defining
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PRESUMPTIONS IN THE LAW OF EVIDENCE Introduction As a general and fundamental rule in the law of evidence‚ facts on which a court can base its decision in any proceedings must be proved to exist by evidence. Nevertheless‚ the proof of the existence of some classes of facts is dispensed with. Such facts include: facts presumed‚ facts admitted for the purpose of trial and facts judicially noticeable. This research work basically deals with facts presumed i.e. presumptions. In the course of discussion
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Include your research findings in the following table. |State |Legal requirements |Precedent |Other | |Arizona |Confessions are admissible in evidence in any |Arizona v Londo |Title 13. Admissibility of minor’s | | |criminal prosecution if given voluntarily. |Miranda v Arizona |statement | |
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