EVIDENCE LAW
Starting off with a paragraph taken from an article written by John H. Langbein:
“…the main work of a legal system is deciding matters of past fact. Blackstone remarked that “experience will abundantly show that above a hundred of our lawsuits arise from disputed facts, for one where the law is doubted of.” Was the traffic light red or green? Was it O.J. Simpson or somebody else who wielded the dagger? Find the facts and the law is usually easy…”1
Adrian Keane and Paul McKeown have noted down that evidence is merely information by which facts tend to be proved, and that the law of evidence is the body of law and discretion managing the means by which facts may be proved in court of law, tribunals, and even arbitrations where strict rules of evidence apply.2 Ian Dennis has also a very similar view regarding the definition for evidence, he is also stating that evidence is information, he goes on stating that the information provides grounds for belief that a particular fact is true, moreover he states that there is nothing “legal” about the concept of evidence and its function because many people tend to use evidence to find out whether facts put out are true or false, for example; scientists, historians, detectives, journalists and even doctors daily work involves accumulating and evaluating evidence.3 Charanjit Singh Landa and Mohamed Ramjohn have noted down their definition on the law of evidence as given below:
“…law of evidence involves a rigorous examination of the lexicon of rules and exceptions, both in the civil and criminal law of evidence, set against the judicial discretion to exclude…these rules and exceptions co-exist, like pieces in a jigsaw puzzle, complementing each other and thereby creating an image of ‘what happened’ in a greater context…it would be salient to say that all lawyers, regardless of whether they are solicitors or barristers, need a sound appreciation of the substantive law of evidence govern: how facts are proven in court, the
“…the main work of a legal system is deciding matters of past fact. Blackstone remarked that “experience will abundantly show that above a hundred of our lawsuits arise from disputed facts, for one where the law is doubted of.” Was the traffic light red or green? Was it O.J. Simpson or somebody else who wielded the dagger? Find the facts and the law is usually easy…”1
Adrian Keane and Paul McKeown have noted down that evidence is merely information by which facts tend to be proved, and that the law of evidence is the body of law and discretion managing the means by which facts may be proved in court of law, tribunals, and even arbitrations where strict rules of evidence apply.2 Ian Dennis has also a very similar view regarding the definition for evidence, he is also stating that evidence is information, he goes on stating that the information provides grounds for belief that a particular fact is true, moreover he states that there is nothing “legal” about the concept of evidence and its function because many people tend to use evidence to find out whether facts put out are true or false, for example; scientists, historians, detectives, journalists and even doctors daily work involves accumulating and evaluating evidence.3 Charanjit Singh Landa and Mohamed Ramjohn have noted down their definition on the law of evidence as given below:
“…law of evidence involves a rigorous examination of the lexicon of rules and exceptions, both in the civil and criminal law of evidence, set against the judicial discretion to exclude…these rules and exceptions co-exist, like pieces in a jigsaw puzzle, complementing each other and thereby creating an image of ‘what happened’ in a greater context…it would be salient to say that all lawyers, regardless of whether they are solicitors or barristers, need a sound appreciation of the substantive law of evidence govern: how facts are proven in court, the
Bibliography: Books Dennis, I, The Law of Evidence (4th edn Thomson Reuters, London 2010) Keane, A, and McKeown, P, The Modern Law of Evidence (9th edn OUP, Oxford 2012) Landa, C S, and Ramjohn, M, Unlocking Evidence (Hodder Education, Oxford 2009) Washbourne, E, Key Facts Evidence (3rd edn Hodder Education, Oxford 2010) Table of Cases Attorney-General’s Reference (No 4 of 2002) [2004] 3 WLR 976, [2004] All ER (D) 169 Bratty v A-G for Northern Ireland [1963] AC 386 Salabiaku v France (1988) 13 EHRR 379 Sheldrake v DPP; Att-Gen’s Reference (No.4 of 2002), Re [2004] UKHL 43; [2005] 1 A.C