Podcast
Questions and Answers
Any disc, tape, sound track or other device in which sounds or other data are embodied is known as a ______.
Any disc, tape, sound track or other device in which sounds or other data are embodied is known as a ______.
sound recording
Documents that are formed by the official acts or records of the sovereign authority are classified as ______ documents.
Documents that are formed by the official acts or records of the sovereign authority are classified as ______ documents.
public
All documents other than public documents are referred to as ______ documents.
All documents other than public documents are referred to as ______ documents.
private
The content of a document can be proven by primary or ______ evidence.
The content of a document can be proven by primary or ______ evidence.
Primary evidence means the document itself produced for the ______ of the court.
Primary evidence means the document itself produced for the ______ of the court.
The burden of proof means the burden of a party to persuade the court that his case is ______.
The burden of proof means the burden of a party to persuade the court that his case is ______.
The other meaning of burden of proof is the obligation to adduce ______ on a particular fact or issue.
The other meaning of burden of proof is the obligation to adduce ______ on a particular fact or issue.
The burden of first proving existence or non-existence of a fact lies on the party against whom the ______ of the court would be given.
The burden of first proving existence or non-existence of a fact lies on the party against whom the ______ of the court would be given.
If the party adduced evidence which ought reasonably to satisfy the court, the burden lies on the party against whom ______ would be given.
If the party adduced evidence which ought reasonably to satisfy the court, the burden lies on the party against whom ______ would be given.
The court has to look critically at the ______ to discover where the onus lies in a case.
The court has to look critically at the ______ to discover where the onus lies in a case.
The burden of proving that any person has been guilty of a crime is on the person who ______ it.
The burden of proving that any person has been guilty of a crime is on the person who ______ it.
Proof beyond reasonable doubt does not mean proof beyond all ______.
Proof beyond reasonable doubt does not mean proof beyond all ______.
If the plaintiff pleads possession of the land in dispute, the ______ shifts onto the defendant to prove ownership.
If the plaintiff pleads possession of the land in dispute, the ______ shifts onto the defendant to prove ownership.
This burden is always ______ and remains on the same party.
This burden is always ______ and remains on the same party.
If the prosecution proves the commission of a crime beyond reasonable doubt, the burden of proving reasonable ______ shifts to the defendant.
If the prosecution proves the commission of a crime beyond reasonable doubt, the burden of proving reasonable ______ shifts to the defendant.
Proof beyond reasonable doubt means establishing the guilt of the accused with compelling and ______ evidence.
Proof beyond reasonable doubt means establishing the guilt of the accused with compelling and ______ evidence.
When a party bearing evidential burden has discharged it by adducing the requisite ______, then the opponent comes under another evidential burden.
When a party bearing evidential burden has discharged it by adducing the requisite ______, then the opponent comes under another evidential burden.
The court is only interested in the testimony of a ______ witness.
The court is only interested in the testimony of a ______ witness.
In criminal trials, the standard required is proof beyond reasonable ______.
In criminal trials, the standard required is proof beyond reasonable ______.
The apex Court held that the two requirements are completely ______.
The apex Court held that the two requirements are completely ______.
To achieve proof beyond reasonable doubt, it is not sufficient for the prosecution to call several ______ to testify.
To achieve proof beyond reasonable doubt, it is not sufficient for the prosecution to call several ______ to testify.
The expression 'proof beyond ___ doubt' cannot be employed conterminously with 'proof beyond any shadow of doubt.'
The expression 'proof beyond ___ doubt' cannot be employed conterminously with 'proof beyond any shadow of doubt.'
The term 'proof beyond reasonable doubt' serves as a touchstone for estimating when the prosecution has discharged the ___ imposed on it by law.
The term 'proof beyond reasonable doubt' serves as a touchstone for estimating when the prosecution has discharged the ___ imposed on it by law.
The burden cast on the prosecution must be discharged beyond reasonable ____.
The burden cast on the prosecution must be discharged beyond reasonable ____.
In criminal justice, 'proof beyond reasonable doubt' connotes such proof as precludes every reasonable proposition except that which it tends to ___ .
In criminal justice, 'proof beyond reasonable doubt' connotes such proof as precludes every reasonable proposition except that which it tends to ___ .
According to Section 36(5) of the Constitution of Nigeria, every person charged with a criminal offence shall be presumed to be ___ until proven guilty.
According to Section 36(5) of the Constitution of Nigeria, every person charged with a criminal offence shall be presumed to be ___ until proven guilty.
Proof beyond reasonable doubt does not mean proof to the ____ or proof beyond shadow of doubt.
Proof beyond reasonable doubt does not mean proof to the ____ or proof beyond shadow of doubt.
The principle of severance of pleadings can be likened to an admixture of oil and ____.
The principle of severance of pleadings can be likened to an admixture of oil and ____.
The burden of proving the guilt of the accused person lies fully on the ___ during a criminal trial.
The burden of proving the guilt of the accused person lies fully on the ___ during a criminal trial.
The ultimate burden is on the prosecution in a criminal trial throughout the trial as it is the prosecution that will fail if no ___ is called in proof of the charge.
The ultimate burden is on the prosecution in a criminal trial throughout the trial as it is the prosecution that will fail if no ___ is called in proof of the charge.
In civil proceedings, the burden of proof upon the plaintiff is to prove his case on the balance of ____.
In civil proceedings, the burden of proof upon the plaintiff is to prove his case on the balance of ____.
Where the admixture of civil and criminal pleadings are such that can be likened to ____ twins that share vital organs.
Where the admixture of civil and criminal pleadings are such that can be likened to ____ twins that share vital organs.
The burden is ___ and does not shift throughout the trial.
The burden is ___ and does not shift throughout the trial.
Under the Evidence Act, the burden of proving the existence of any fact or matter placed upon a defendant shall be discharged on the balance of ___.
Under the Evidence Act, the burden of proving the existence of any fact or matter placed upon a defendant shall be discharged on the balance of ___.
The principle of severance was re-stated in the case of Hon. Ralf Okeke & Ors vs. Chief (Mrs) Edith Mike ____ & Ors.
The principle of severance was re-stated in the case of Hon. Ralf Okeke & Ors vs. Chief (Mrs) Edith Mike ____ & Ors.
According to Tobi, JSC, proof that dispels fanciful possibilities is essential for a fair trial in court, particularly in the case of ____ v.State.
According to Tobi, JSC, proof that dispels fanciful possibilities is essential for a fair trial in court, particularly in the case of ____ v.State.
The combination of criminal and civil pleadings can lead to judicial confusion akin to an admixture of ____ and oil.
The combination of criminal and civil pleadings can lead to judicial confusion akin to an admixture of ____ and oil.
A single credible witness can establish a case beyond reasonable doubt unless corroboration is required by ______.
A single credible witness can establish a case beyond reasonable doubt unless corroboration is required by ______.
No plaintiff in any action for breach of promise of marriage shall succeed unless his or her testimony is corroborated by some other material ______.
No plaintiff in any action for breach of promise of marriage shall succeed unless his or her testimony is corroborated by some other material ______.
An accomplice is a competent witness against a ______.
An accomplice is a competent witness against a ______.
A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an ______.
A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an ______.
The court must warn the jury about the danger of convicting solely on uncorroborated ______.
The court must warn the jury about the danger of convicting solely on uncorroborated ______.
Section 198 of the Evidence Act states that the only proof against a person charged must not be ______ evidence.
Section 198 of the Evidence Act states that the only proof against a person charged must not be ______ evidence.
In cases where the only proof is the evidence of an accomplice, the court shall consider it unsafe to ______ any person on such evidence.
In cases where the only proof is the evidence of an accomplice, the court shall consider it unsafe to ______ any person on such evidence.
According to S.178 (1) of the Evidence Act, the court must warn the jury in the absence of ______.
According to S.178 (1) of the Evidence Act, the court must warn the jury in the absence of ______.
Flashcards
Public Document
Public Document
A document produced by an official body, court, or public officer. This could include government records, court orders, or official reports.
Private Document
Private Document
Any document which is not a public document. This might include personal letters, contracts, or private agreements.
Primary Evidence
Primary Evidence
The original document itself, presented for inspection by the court.
Secondary Evidence
Secondary Evidence
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Executed in Several Parts
Executed in Several Parts
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Burden of Proof
Burden of Proof
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Legal Burden
Legal Burden
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Evidential Burden
Evidential Burden
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Initial Evidential Burden
Initial Evidential Burden
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Subsequent Evidential Burden
Subsequent Evidential Burden
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Analyzing Pleadings
Analyzing Pleadings
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Shifting Burden Example
Shifting Burden Example
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Burden of Proof in Court
Burden of Proof in Court
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Proof Beyond Reasonable Doubt
Proof Beyond Reasonable Doubt
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Burden of Proof in Criminal Cases
Burden of Proof in Criminal Cases
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Presumption of Innocence
Presumption of Innocence
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Defendant's Burden of Proof
Defendant's Burden of Proof
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Sufficiency of Evidence
Sufficiency of Evidence
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Direct Evidence
Direct Evidence
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Circumstantial Evidence
Circumstantial Evidence
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Balance of Probabilities
Balance of Probabilities
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Compelling & Conclusive Evidence
Compelling & Conclusive Evidence
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Quality Evidence
Quality Evidence
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High Degree of Probability
High Degree of Probability
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Shifting the Burden of Proof
Shifting the Burden of Proof
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Establishing Guilt
Establishing Guilt
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Corroboration in Criminal Cases
Corroboration in Criminal Cases
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Single Witness Testimony
Single Witness Testimony
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Corroboration
Corroboration
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Breach of Promise
Breach of Promise
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Accomplice Testimony
Accomplice Testimony
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Warning about Accomplice Testimony
Warning about Accomplice Testimony
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Agent Provocateur
Agent Provocateur
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Tainted Witness
Tainted Witness
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Severance of Pleadings
Severance of Pleadings
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Inapplicability of Severance
Inapplicability of Severance
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Study Notes
Evidence
- Oral evidence is the testimony of witnesses given under oath.
- All evidence except documents can be oral.
- Oral evidence must be direct, subject to Act provisions.
- If oral evidence relates to a seen fact, it must be from a witness who saw it.
- If oral evidence relates to a heard fact, it must be from a witness who heard it.
- Opinions of experts in accepted treatises can be used as evidence if the author is unavailable or dead.
- Real evidence is proven using oral evidence. Real evidence consists of physical objects or properties.
Real Evidence
- Courts can order inspection of physical material related to a case.
- Physical things can be inspected as real evidence.
- Witnesses can point out features for inspection in real evidence.
- Records of inspections should be kept.
Documentary Evidence
- Documents include books, maps, plans, graphs, photographs.
- Documents include recordings on any material.
- Documents have to be classified as public or private.
- Primary evidence is the actual document.
- Secondary evidence refers to copies or accounts of a document.
- Burden of proof is on the accuser.
Burden of Proof
- Evidence law concerns proving facts.
- The legal burden is who has to prove a case.
- The evidential burden is on who has to present the evidence.
- Burden of proof shifts dependent on case specifics.
- Criminal cases require proof beyond a reasonable doubt.
- Civil cases require proof on a balance of probabilities.
Standard of Proof
- Criminal cases proof is “beyond reasonable doubt”.
- Civil cases proof is “on balance of probabilities”.
- Legal burden rests on the party alleging.
Corroboration
- Corroboration is further support for evidence.
- Courts consider whether witnesses should or should not corroborate.
- Some cases require corroboration as evidence.
Other Evidence Concepts
- Witnesses may be agents provocateur, or have tainted testimony.
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