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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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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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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method which the evidence was obtained was generally accepted by experts in the field in which it belongs. When did this standard come into effect and why? 2. The Frye Standard came out of a 1923 legal decision (Frye V United States). It was a case discussing the admissibility of a polygraph test. James Frye was convicted of murder and first admitted his guilt then recanted his confession. The Frye Standard came when they tried to convict on a polygraph test which is not admissible as guilt in
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Marijuana should be legalized to solve many of today’s problems. These problems have gotten so out of hand that many extreme options are being considered to control or solve it. There seems to be no way to end the war against Marijuana other than to legalize it . The war on Marijuana doesn’t seem to be accomplishing too much. Different options need to be considered. There have also been too many lies‚ misunderstandings and misinterpretations thrown at Marijuana. Legalization is an option that hasn’t
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In Michael Pollan’s essay‚ “Playing God in the Garden”‚ we are introduced to the New Leaf Superior‚ a genetically engineered potato. This is not the first of its kind‚ for it is only one of the many foods that are products of an emergent development here in the United States. Monsanto and other giant transnational companies are carrying out a dangerous global experiment by introducing large numbers of genetically engineered foods into our diet. Genetic manipulations can result in unanticipated harmful
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Evidence of accomplice: An Introduction Section 133 of the Indian Evidence Act‚ 1872 is the only absolute rule of law dealing with accomplice evidence. However it is the opinion of some that this section is redundant as Section 118 makes all persons competent to testify except those persons which the section specifically bars. Moreover there is no rule which requires that the evidence of an accomplice should be corroborated. But Section 133 might lead persons to suppose that the Legislature desired
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leaglize marijuana Many people now a day look at the harm they believe marijuana can cause people; when really people should be looking at the way it can help people. All I am asking is for you to look at the glass half full‚ instead of half empty. People need to start considering the facts of how marijuana could assist not only our economy‚ health‚ crime reduction‚ and become a much more controlled substance. The history of marijuana stands over a time span of hundreds of years. It could
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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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21 March 2012 Word Count: 1252 Legalizing Marijuana According to the United Nations 162 million people‚ about 4.0% of the world population uses marijuana annually. 0.6% of the world population‚ or roughly 22.5 million people‚ use the drug daily. In the United States‚ this translates to 1% of our population‚ a relatively small number of people at 1.4 million‚ using marijuana every day. Even though it’s a small percentage of Americans that use marijuana‚ it’s caused a very heated debate about the
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