Evidence Law: Probative Material

What is the standard of proof in a criminal case?

What is the primary difference between conclusive proof and prima facie proof?

According to the given information, what is the relationship between evidence and proof?

What is the standard of proof in a civil case?

What is the role of the court in evaluating evidence and proof?

What does prima facie proof imply about the possibility of rebuttal?

What is the term used to describe the burden of providing evidence to refute the opposing party's claims?

What is the term used to describe the initial burden of proving a fact?

What is the difference between the onus of proof and the burden of rebuttal?

What is the term used to describe the responsibility of a party to provide evidence to refute the opposing party's claims in another language?

What is the primary difference between the onus of proof and the burden of rebuttal?

What is the relationship between the onus of proof and the burden of rebuttal?

What is the standard of proof required in criminal cases?

Which type of proceedings has a lower standard of proof?

What is the purpose of the higher standard of proof in criminal cases?

What is the result of the higher standard of proof in criminal cases?

What is the standard of proof in civil cases?

Why are courts more willing to admit hearsay evidence in civil proceedings?

Rules of Evidence

The Constitutional Court emphasizes the importance of ensuring no reasonable apprehension of bias on the part of assessors.

Evidence and Proof

Proof of a fact means the court has received probative material and accepted it as true for the specific case.
Evidence of a fact is not yet proof; the court must still decide whether the fact has been proved.
The court only acts upon facts found proved in accordance with certain standards.

Standard of Proof

In criminal cases, the standard of proof is proof beyond a reasonable doubt.
In civil cases, the standard of proof is proof upon a balance of probability.

Types of Proof

Conclusive proof means rebuttal is no longer possible; it is decisive and final.
Prima facie proof implies proof to the contrary is still possible.
In the absence of proof to the contrary, prima facie proof generally becomes conclusive proof.

Basic Concepts and Distinctions

Facts in issue (facta probanda) are those facts a party must prove to succeed.
Facts relevant to the facts in issue (facta probantia) are those facts that tend to prove or disprove the facts in issue.
Probative material includes oral, documentary, and real evidence, as well as formal admissions, judicial notice, presumptions, and certain statements.

Admissibility and Weight of Evidence

A court may admit hearsay more readily in civil proceedings than in criminal proceedings.
The court evaluates evidence and decides whether it has been proved.

Understand the concept of probative material in evidence law, including oral, documentary, and real evidence, as well as formal admissions and judicial notice. Test your knowledge of proof of facts in a court of law.