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.
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Primary evidence means the document itself produced for the ______ of the court.
Primary evidence means the document itself produced for the ______ of the court.
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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 ______.
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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.
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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.
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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.
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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.
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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.
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Proof beyond reasonable doubt does not mean proof beyond all ______.
Proof beyond reasonable doubt does not mean proof beyond all ______.
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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.
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This burden is always ______ and remains on the same party.
This burden is always ______ and remains on the same party.
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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.
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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.
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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.
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The court is only interested in the testimony of a ______ witness.
The court is only interested in the testimony of a ______ witness.
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In criminal trials, the standard required is proof beyond reasonable ______.
In criminal trials, the standard required is proof beyond reasonable ______.
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The apex Court held that the two requirements are completely ______.
The apex Court held that the two requirements are completely ______.
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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.
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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.'
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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.
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The burden cast on the prosecution must be discharged beyond reasonable ____.
The burden cast on the prosecution must be discharged beyond reasonable ____.
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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 ___ .
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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.
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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.
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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 ____.
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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.
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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.
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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 ____.
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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.
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The burden is ___ and does not shift throughout the trial.
The burden is ___ and does not shift throughout the trial.
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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 ___.
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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.
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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.
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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.
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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 ______.
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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 ______.
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An accomplice is a competent witness against a ______.
An accomplice is a competent witness against a ______.
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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 ______.
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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 ______.
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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.
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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.
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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 ______.
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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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Description
This quiz covers the fundamentals of legal evidence, including oral, real, and documentary evidence. It highlights how oral testimony must be direct and derived from firsthand experience, while real evidence involves physical objects that can be inspected. Understand the classification of documents and their role in legal proceedings.
