Podcast
Questions and Answers
What must be proved by a party to succeed in a case?
What must be proved by a party to succeed in a case?
Which term describes facts that are important in a trial but not essential like facts in issue?
Which term describes facts that are important in a trial but not essential like facts in issue?
What determines the 'weight' of a piece of evidence?
What determines the 'weight' of a piece of evidence?
In what circumstances is evidence considered relevant?
In what circumstances is evidence considered relevant?
Signup and view all the answers
Who decides if evidence is admissible in a trial on indictment?
Who decides if evidence is admissible in a trial on indictment?
Signup and view all the answers
What is the main difference between direct evidence and circumstantial evidence?
What is the main difference between direct evidence and circumstantial evidence?
Signup and view all the answers
How does the Human Rights Act 1998 impact UK domestic courts?
How does the Human Rights Act 1998 impact UK domestic courts?
Signup and view all the answers
Based on the Schenk v Switzerland case, who holds primary responsibility for regulating the admissibility of evidence?
Based on the Schenk v Switzerland case, who holds primary responsibility for regulating the admissibility of evidence?
Signup and view all the answers
Which factor was highlighted by the European Court of Human Rights in determining the fairness of Mr. Schenk's trial?
Which factor was highlighted by the European Court of Human Rights in determining the fairness of Mr. Schenk's trial?
Signup and view all the answers
In what way does testimonial evidence differ from real evidence in court trials?
In what way does testimonial evidence differ from real evidence in court trials?
Signup and view all the answers
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
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.
