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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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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secondary evidence was tendered and admitted. An objection was taken to its admission; Held: That such evidence was properly admitted and that the provision in the relevant statute “that no statement made by any person in answer to any question put by the Commission shall‚ except in cases of indictment for perjury committed in such answers‚ be admissible in evidence in any proceedings‚ civil or criminal” was not applicable‚ and did not prevent the admissibility of such evidence. In the
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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 any suit
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Kaplan University There are many different types of evidence that can be used in a criminal investigation. Some more valuable than others. Although the smallest piece of evidence can sometimes turn out to be the most valuable. Evidence comes in all shapes‚ sizes and forms and are crucial to any successful investigation. Finger prints are one of the most incriminating pieces of evidence. It is so significant because it can narrow down someone ’s identity and possibly link them directly to a crime
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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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1. Hearsay evidence rule in Malaysia The general hearsay rule is that a statement made by a person not called as a witness is inadmissible to prove the truth of the facts stated and extends to oral evidence as to statements in documents.1 Where oral evidence is relied on‚ it must be direct in all cases.2 Section 603 has thus codified the rule against hearsay evidence. “Hearsay” does not mean that no witness can be allowed to depose anything which he has heard said by anyone else.4 It is secondary
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Our text indicated there are three major categories of evidence can be documentary evidence including electronic data (i.e. would be bank statements‚ any written confirmation from vendors/customers‚ emails‚ invoices‚ etc.) physical evidence (inventory count‚ fixed asset verification‚ etc.) Statements of witnesses/parties involved. Having statements or witness is a good thing as proof i.e. would be a car accident. Should you need to go to court for damage’s or medical whatever the case maybe‚ having
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quality and quantity of audit evidence to be obtained when auditing financial statements and the procedures for obtaining that audit evidence. Audit Evidence (AE) "Audit evidence" means the information obtained by the auditor which includes source documents and accounting records underlying the financial statements and corroborating1 information from other sources. The auditor should obtain sufficient appropriate audit evidence to be able to draw reasonable
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many clues left behind. The obvious would be a the body or bodies‚ clothing‚ and sometimes even the murder weapon. While these are great way to solve a case there’s another kind of evidence; trace evidence. Trace evidence are small pieces of evidence that are laying around a crime scene. There are many types of trace evidence some of them include metal filings‚ plastic fragments‚ gunshot residue‚ glass fragments‚ feathers‚ food stains‚ building materials‚ lubricants‚ fingernail scrapings‚ pollens and
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