10 Questions
What must be proved by a party to succeed in a case?
Facts in issue
Which term describes facts that are important in a trial but not essential like facts in issue?
Collateral facts
What determines the 'weight' of a piece of evidence?
Credibility
In what circumstances is evidence considered relevant?
When it is based on individual circumstances of the case
Who decides if evidence is admissible in a trial on indictment?
The judge
What is the main difference between direct evidence and circumstantial evidence?
Direct evidence directly proves a fact, circumstantial evidence requires further evidence or inference.
How does the Human Rights Act 1998 impact UK domestic courts?
It enforces rights from the European Convention on Human Rights in UK courts.
Based on the Schenk v Switzerland case, who holds primary responsibility for regulating the admissibility of evidence?
National law of the contracting states
Which factor was highlighted by the European Court of Human Rights in determining the fairness of Mr. Schenk's trial?
The ability to challenge the authenticity of evidence
In what way does testimonial evidence differ from real evidence in court trials?
Testimonial evidence involves oral statements, while real evidence can be observed.
Study Notes
Evidence in a Trial
- A party must prove their case beyond a reasonable doubt to succeed in a case.
Facts in Issue
- Collateral facts are important in a trial but not essential, unlike facts in issue.
Weight of Evidence
- The credibility of a witness and the reliability of the evidence determine the 'weight' of a piece of evidence.
Relevance of Evidence
- Evidence is considered relevant if it has a bearing on the facts in issue.
Admissibility of Evidence
- The judge decides if evidence is admissible in a trial on indictment.
Types of Evidence
- The main difference between direct evidence and circumstantial evidence is that direct evidence directly proves a fact, while circumstantial evidence indirectly proves a fact through inference.
Human Rights Act 1998
- The Human Rights Act 1998 has an impact on UK domestic courts by incorporating the European Convention on Human Rights into UK law.
Admissibility of Evidence in International Law
- According to the Schenk v Switzerland case, the national courts hold primary responsibility for regulating the admissibility of evidence.
Fairness of Trials
- The European Court of Human Rights highlighted the importance of ensuring that the accused has a fair opportunity to challenge the evidence against them in determining the fairness of Mr. Schenk's trial.
Types of Evidence in Court Trials
- Testimonial evidence differs from real evidence in that it is given by witnesses, whereas real evidence is physical evidence presented in court.
Test your knowledge on the differences between facts in issue and collateral facts, as well as the classification of evidence based on relevance and admissibility in court trials.
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