Legal Evidence and Real Evidence Overview

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Questions and Answers

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.

public

All documents other than public documents are referred to as ______ documents.

private

The content of a document can be proven by primary or ______ evidence.

<p>secondary</p> Signup and view all the answers

Primary evidence means the document itself produced for the ______ of the court.

<p>inspection</p> Signup and view all the answers

The burden of proof means the burden of a party to persuade the court that his case is ______.

<p>true</p> Signup and view all the answers

The other meaning of burden of proof is the obligation to adduce ______ on a particular fact or issue.

<p>evidence</p> Signup and view all the answers

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.

<p>judgment</p> Signup and view all the answers

If the party adduced evidence which ought reasonably to satisfy the court, the burden lies on the party against whom ______ would be given.

<p>judgment</p> Signup and view all the answers

The court has to look critically at the ______ to discover where the onus lies in a case.

<p>pleadings</p> Signup and view all the answers

The burden of proving that any person has been guilty of a crime is on the person who ______ it.

<p>asserts</p> Signup and view all the answers

Proof beyond reasonable doubt does not mean proof beyond all ______.

<p>doubt</p> Signup and view all the answers

If the plaintiff pleads possession of the land in dispute, the ______ shifts onto the defendant to prove ownership.

<p>onus</p> Signup and view all the answers

This burden is always ______ and remains on the same party.

<p>stable</p> Signup and view all the answers

If the prosecution proves the commission of a crime beyond reasonable doubt, the burden of proving reasonable ______ shifts to the defendant.

<p>doubt</p> Signup and view all the answers

Proof beyond reasonable doubt means establishing the guilt of the accused with compelling and ______ evidence.

<p>conclusive</p> Signup and view all the answers

When a party bearing evidential burden has discharged it by adducing the requisite ______, then the opponent comes under another evidential burden.

<p>evidence</p> Signup and view all the answers

The court is only interested in the testimony of a ______ witness.

<p>quality</p> Signup and view all the answers

In criminal trials, the standard required is proof beyond reasonable ______.

<p>doubt</p> Signup and view all the answers

The apex Court held that the two requirements are completely ______.

<p>dissimilar</p> Signup and view all the answers

To achieve proof beyond reasonable doubt, it is not sufficient for the prosecution to call several ______ to testify.

<p>witnesses</p> Signup and view all the answers

The expression 'proof beyond ___ doubt' cannot be employed conterminously with 'proof beyond any shadow of doubt.'

<p>reasonable</p> Signup and view all the answers

The term 'proof beyond reasonable doubt' serves as a touchstone for estimating when the prosecution has discharged the ___ imposed on it by law.

<p>burden</p> Signup and view all the answers

The burden cast on the prosecution must be discharged beyond reasonable ____.

<p>doubt</p> Signup and view all the answers

In criminal justice, 'proof beyond reasonable doubt' connotes such proof as precludes every reasonable proposition except that which it tends to ___ .

<p>support</p> Signup and view all the answers

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.

<p>innocent</p> Signup and view all the answers

Proof beyond reasonable doubt does not mean proof to the ____ or proof beyond shadow of doubt.

<p>hilt</p> Signup and view all the answers

The principle of severance of pleadings can be likened to an admixture of oil and ____.

<p>water</p> Signup and view all the answers

The burden of proving the guilt of the accused person lies fully on the ___ during a criminal trial.

<p>prosecution</p> Signup and view all the answers

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.

<p>evidence</p> Signup and view all the answers

In civil proceedings, the burden of proof upon the plaintiff is to prove his case on the balance of ____.

<p>probability</p> Signup and view all the answers

Where the admixture of civil and criminal pleadings are such that can be likened to ____ twins that share vital organs.

<p>Siamese</p> Signup and view all the answers

The burden is ___ and does not shift throughout the trial.

<p>static</p> Signup and view all the answers

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 ___.

<p>probabilities</p> Signup and view all the answers

The principle of severance was re-stated in the case of Hon. Ralf Okeke & Ors vs. Chief (Mrs) Edith Mike ____ & Ors.

<p>Ejezie</p> Signup and view all the answers

According to Tobi, JSC, proof that dispels fanciful possibilities is essential for a fair trial in court, particularly in the case of ____ v.State.

<p>Jua</p> Signup and view all the answers

The combination of criminal and civil pleadings can lead to judicial confusion akin to an admixture of ____ and oil.

<p>water</p> Signup and view all the answers

A single credible witness can establish a case beyond reasonable doubt unless corroboration is required by ______.

<p>law</p> Signup and view all the answers

No plaintiff in any action for breach of promise of marriage shall succeed unless his or her testimony is corroborated by some other material ______.

<p>evidence</p> Signup and view all the answers

An accomplice is a competent witness against a ______.

<p>defendant</p> Signup and view all the answers

A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an ______.

<p>accomplice</p> Signup and view all the answers

The court must warn the jury about the danger of convicting solely on uncorroborated ______.

<p>evidence</p> Signup and view all the answers

Section 198 of the Evidence Act states that the only proof against a person charged must not be ______ evidence.

<p>uncorroborated</p> Signup and view all the answers

In cases where the only proof is the evidence of an accomplice, the court shall consider it unsafe to ______ any person on such evidence.

<p>convict</p> Signup and view all the answers

According to S.178 (1) of the Evidence Act, the court must warn the jury in the absence of ______.

<p>a jury</p> Signup and view all the answers

Flashcards

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

Any document which is not a public document. This might include personal letters, contracts, or private agreements.

Primary Evidence

The original document itself, presented for inspection by the court.

Secondary Evidence

Evidence that is used to prove the content of a document, but is not the original document itself. This could include a copy, a photograph, or a summary.

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Executed in Several Parts

When a document is created in multiple parts, each part is considered original and can be used as evidence.

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Burden of Proof

The obligation of a party to present evidence to support their claims and persuade the court.

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Legal Burden

The initial burden on a party to prove their case, based on their pleadings.

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Evidential Burden

The burden to present evidence on a specific issue that shifts as the case progresses.

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Initial Evidential Burden

The party against whom judgment would be given if no evidence were presented.

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Subsequent Evidential Burden

The party who has to refute the other side's evidence or provide additional evidence

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Analyzing Pleadings

The process of examining the pleadings to determine where the evidential burden lies.

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Shifting Burden Example

When the defendant admits the plaintiff's possession, the burden shifts to the defendant to prove they are not the true owner.

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Burden of Proof in Court

The process of presenting evidence to support or refute claims, contributing to a fair decision.

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Proof Beyond Reasonable Doubt

The standard of proof in criminal cases, requiring evidence that eliminates all reasonable doubt about the defendant's guilt.

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Burden of Proof in Criminal Cases

The burden of proof rests on the prosecution to prove the defendant's guilt.

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Presumption of Innocence

The defendant is presumed innocent until proven guilty.

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Defendant's Burden of Proof

The defendant must prove their case on the balance of probabilities.

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Sufficiency of Evidence

The prosecution must present enough evidence to eliminate all reasonable doubt about the defendant's guilt.

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Direct Evidence

The prosecution must present evidence that directly supports the charges against the defendant.

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Circumstantial Evidence

The prosecution must present evidence that indirectly supports the charges against the defendant.

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Balance of Probabilities

The standard of proof used in civil cases, requiring evidence that is more likely than not.

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Compelling & Conclusive Evidence

The prosecution is required to provide substantial evidence to establish the accused's guilt in a criminal court, leading to a high degree of probability towards conviction. This evidence must be compelling and demonstrate a strong likelihood of the defendant's responsibility in the crime.

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Quality Evidence

Evidence in criminal trials should be of high quality, with its credibility and trustworthiness being the central focus. The number of witnesses is less important than the reliability of the evidence.

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High Degree of Probability

A standard used in criminal cases, the prosecution must provide enough evidence to convince the court that it is more likely than not that the accused committed the crime.

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Shifting the Burden of Proof

If the prosecution proves a crime beyond reasonable doubt, the burden of proof shifts to the defendant to offer evidence to raise reasonable doubt about the prosecution's case.

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Establishing Guilt

In legal proceedings, it must be shown that the prosecution's evidence is so persuasive that the court is convinced beyond any reasonable doubt.

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Corroboration in Criminal Cases

For certain crimes, the prosecution must provide corroborating evidence from a secondary source to substantiate the testimony of a single witness.

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Single Witness Testimony

In a criminal trial, a single credible witness's testimony can be enough to establish guilt beyond a reasonable doubt, unless the law specifically requires corroboration.

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Corroboration

Corroboration means having supporting evidence from another source to confirm the testimony of a witness.

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Breach of Promise

In cases of breach of promise of marriage, a plaintiff's testimony must be supported by additional evidence, such as letters or witnesses, to prove the existence of a promise.

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Accomplice Testimony

An accomplice is someone who participated in a crime alongside the defendant. Their testimony alone is not enough to convict unless it's corroborated.

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Warning about Accomplice Testimony

A court must warn itself or the jury about the risks of relying solely on an uncorroborated accomplice's testimony.

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Agent Provocateur

An agent provocateur is someone who encourages or entices a person to commit a crime. Their testimony may be considered unreliable.

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Tainted Witness

A tainted witness is someone whose testimony might be unreliable due to a lack of credibility or potential bias.

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Severance of Pleadings

The principle of severance allows a court to separate civil and criminal claims within a single case. This ensures that civil claims are proven on a balance of probabilities, while criminal claims are proven beyond a reasonable doubt.

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Inapplicability of Severance

When civil and criminal claims are inextricably linked, like Siamese twins sharing vital organs, the principle of severance cannot be applied.

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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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