What are ‘facts in issue’?
Facts needed by D or Pros to prove their case
Who bears burden of proof?
Prosecution
What happens to a witness statement in court?
Just read out in court if D and Pros agree with it, otherwise the witness is challenged orally
If D and Pros agree over evidence, they should…?
Make an agreement in writing
What is ‘judicial notice’?
When a fact does not need proving because it is common sense
What is ‘judicial notice on enquiry’?
A fact that does not need proving because a judge can search up the answer
All types of evidence?
- Oral evidence given in court
- Written form (agreed statements, admitted facts)
- ‘Real’ evidence
- ‘Direct’ evidence
- ‘Circumstantial’ evidence
- A ‘view’
What is ‘real’ evidence?
Real objects
What is ‘direct’ evidence?
A matter in issue that a witness has personally experienced
What is ‘circumstantial’ evidence?
Evidence from which facts are inferred
What is a ‘view’?
Going to the scene of the crime
Which tribunal deals with admissibility of evidence?
Tribunal of law
Evidence must be ‘legally probative’ of a fact in issue. What does this mean?
The evidence must prove or disprove a fact in issue.
What is the exclusionary rule for admissibility?
Evidence that has an unfair effect on trial, no matter how relevant, should not be admitted
Evidence must have ‘weight’. What does this mean?
Strength, reliability, and value
