Evidence Notes - Law PDF

How does the court use judicial notice?......................................................... 5 What are things that are known to all?. 5 Table of Contents What re the fac...

How does the court use judicial notice?......................................................... 5 What are things that are known to all?. 5 Table of Contents What re the facts that the ocurt will accept without proof – s.122?............. 5 Week 1 (A)........................................ 4 Can the court refuse judicial notice?... 5 What is the Evidenc Act?.................... 4 What is presumtption?....................... 5 Where does the evidence Act Apply?.. 4 What are the 2 types of presumptions? 5 What is the rule for Area courts in What are presumption of facts............ 5 nigeria?............................................. 4 What are the types of presumption of facts?................................................ 5 Week 2............................................. 4 What is a type of Irributtable What is Evidence?............................. 4 presumption of law ?.......................... 6 What is Evidence – Wigmore.............. 4 What are the types of rebuttable Why is Evidence important?............... 4 presumption of law?........................... 6 When can you give evidence?............. 4 Presumption of docuemnts................ 6 Week 3A........................................... 4 Why does presumption matter?.......... 6 What are the 4 types of facts that must Week 3B........................................... 6 be proved?........................................ 4 What are the facts that cannot be Facts relevant to credibility of witness 4 proven for policy reasons?.................. 6 What is relevancy of evidence?.......... 4 What is Estoppel................................ 6 What is admissibility of evidence?..... 4 What are the types of estoppel............ 6 What are the facts that you do not need What are oNicial and Privilegdged to prove?........................................... 4 communication.................................. 6 What is admission?........................... 4 Types of admissions?......................... 4 Week 4............................................. 6 What are Formal admissions?............ 4 What are the 2 Facts that are What are Oral Admissions?................ 4 inadmissible ?.................................... 6 What is Admission by Action?............ 5 What tyes of facts are excluded by law? What is Pleadings admission?............ 5......................................................... 6 Types of Formal admission?............... 5 What is hearsay evidence?.................. 6 Whose formal admission counts?...... 5 What is the rule about hearsay? – s.37. 6 Does the court have the discretion to Why hearsay is not allowed genrally? admit a formal admission?................. 5 s.38................................................... 6 What is a confession? S.28................. 5 What is opnion evidence?................... 6 What is the genral rule of confession?. 5 Is the opnion of witness useful?.......... 6 What are the rules about confessions? 5 Types of opnion evidence ?................. 6 What is the value of a confessional What does the court use to determine statemnt ?......................................... 5 expert opnion evidence?..................... 6 Coaccused defendancts and What does expert opnion evidence confessional statement?................... 5 need to allign with?............................. 6 How to prove that a confessional Why does opnion matter?................... 6 statemnt should be binding?.............. 5 How can someone identify a culprit as a What happens if a confessional form of opinion evidence.................... 7 statement is in english and the What is evidence of Charater?............ 7 intepreter records it in a separate When can good charachet evidence be language?......................................... 5 used?................................................ 7 Things that do not need to be prooved in When can bad character evidence be court?............................................... 5 used in criminal cases ?..................... 7  When can bad character evidence be What happens to statements by used in civil cases ?........................... 7 deceased people?.............................. 8 What is similar facts evidence?.......... 7 What is a dying declaration? 39(a) and Wht are the two types of hearsay -s.37 7 40 EA................................................. 8 What is direct evidence...................... 7 Does it matter if the person who gave When is hearsay allowed?.................. 7 the dying declariond does not die?...... 8 What are the two types of admissions? 7 5 Element for dying declaration........... 8 Who can make admissions................ 7 What is Res Gestae (Connected Facts) Other admissions – s.22 and s.23....... 7......................................................... 8 How does Res Gestae connect to dying Week 5............................................. 7 declarations?..................................... 8 What is a confession? – s.28.............. 7 What si the standard of proof for Week 6............................................. 9 criminal cases s.135......................... 7 Oral Evidence................................... 9 How many witnesses do you need to What is oral evidence?........................ 9 proove a case?.................................. 7 How to prove oral evidence in court..... 9 Presumption fo innocence – s..36(5) Does all evidence need to be proved by CFRN 1999 (as amended).................. 7 oral evdiece?...................................... 9 Who proves guilt................................ 7 Expert opinions as oral evidence......... 9 What si the procecution level of proof. 7 What is the pinciple of Severance ?.... 7 Real Evidence................................... 9 What happens in the principle of When can the court use real evidence?9 severance?........................................ 7 What happens if the court does a visit to What is coroboration?........................ 7 the scene in real evidence?................. 9 When coroboration is needed?........... 8 How can trial be continued after visiting Who can a confession be used against? the scene?......................................... 9......................................................... 8 Does the accuse follow them to the In what situation does confessions not scene of the crime?............................ 9 count?.............................................. 8 Documentry Evidence....................... 9 What happens if the confessional What is the rule of docuemntry statent is denied or retracted............. 8 evidence?.......................................... 9 Times where confessional statement is What are the 2 types of docuemntry valid bu appears not to be – s.31........ 8 evidence?.......................................... 9 What is aNidavit Evidence – when How do you proove what is a someone said their confession was document/content?........................... 9 forced............................................... 8 How to prove primary documentry Accomplice confession to apply to evidence content ?............................. 9 others............................................... 8 \ How to prove Secondary documentry What is an aNiviavit?.......................... 8 evidence content ?............................. 9 What is an aNiviavit used for?............. 8 When can you use secondary evidence? What should be included in an......................................................... 9 aNidiavit?.......................................... 8 What should a party do when they want How should an aNidiavit look?............ 8 to use secndary evidence that is with When can the aNidiavit be requested? 8 someone else or is lost ?.................... 9 Do you need an original document with the aNidiavit?.................................... 8 Proof................................................ 9 What si the special requirement of What is burden of proof?.................... 9 aNidiavit?.......................................... 8 How many burden of proofs do we have What is a Jurat?................................. 8......................................................... 9  What is the step of when evidence is Who can impeach a witness – s.230.. 11 shown?............................................10 How do you impeach a witness?....... 11 What is evidential burden in criminal Can a witness refresh their memory? 11 cases ?............................................10 What can the witness look at to refresh When can burden of proof shift in their memory?................................. 11 criminal...........................................10 Procedure to refresh memory............ 11 What is evidential burden in civil Can the court itself ask a witness cases ?............................................10 questions?....................................... 11 What si the standard of proof for civil When can the court the questions?... 11 cases – s.134....................................10 Does a case get reversed if evidence is Whis is an accomplice?....................10 wrongfully allowed or rejected? S.251 11 What must the court caustion with What is electronic evidence.............. 11 acomplices , agent provocateur , tained 4 Conditions for admitting computer witness and hostile witness..............10 generated evidence?-s.28................. 11 Who is an agent provocateur.............10 Week 7........................................... 11 Who is a Tainted witness...................10 Who are the people might not be Who is a Hostile witness..................10 competent?..................................... 11 Whis is a codefendant......................10 What does compelability mean......... 11 Wat happens if a codefendant says How to secure he attendance of a something in court to implicate witness?.......................................... 11 another?..........................................10 Who can be a compellable witness who Can silence of a defendant count as ordinary will not ?............................. 11 proof................................................10 Who are the people that are not Examples of crimes that need extra compelable in court but may be proof................................................10 competent ?.................................... 12 Witness Summon............................ 10 What are the special rules for spouses Who are the 2 stages for one to be able and adultry cases testifying.............. 12 to testify in court..............................10 What order are witness called in court? What is the genral rule of competency? S.215............................................... 12........................................................10 What does the court do to toehr Examination-in-Chief in Written Cases witnesses when a witness is giving........................................................10 testimony – s.212............................. 12 What is cross examination?...............10 Can the people involved in the case and Why do we need cross examination?.10 their lawyers stay when other witnesses What questions can you ask in cross- are testifying?.................................. 12 examination.....................................10 What does the law say about talking to When do you not need to Cross- witnesses who are waiting to testify - Examine:..........................................10 s.213............................................... 12 What is re-examination?...................11 What is examination in chief?........... 12 Why do we need re-examination?......11 What questions do you ask in What questions can you ask in cross- examination in chief......................... 12 examination.....................................11 Can you introduce new topics in re- examination?...................................11 What are you not meant to be doing in re-examination.................................11 What is impeaching a witness(usually for hostile witness)?..........................11 Week 1 (A) 7. Primary (Best and strongest proof) – The original document or object 8. Secondary (Weaker proof) – Used as a substitute when the original is lost 9. Electronic evidence What are the relevant terms in Evidence? Week 3A Admissibility: Evidence used to support a parties point in court What are the 4 types of facts that must be proved? Expert Evidence: Expert opnion on topics which they specalise in Fact in Issue: Important facts considered in deciding a case 1. Facts in issue – Important thing that is argued about in court a. One sie says something is ture and the other says it is not Relevant facts: Facts that makes important things more or less likely. b. Importance: The court needs to know which side is true ad both sides need to show evidence to prove their case Presumption of facts: Based on the proven facts, guessing facts of a case 2. Relevant Facts - Other facts that help prove the main argument (relevant facts) a. Examples: Res Gestae – Things that happened or events What is the Evidenc Act? connected to the main facts. i. It must have happened at the time or close to the main It is a set of rules for courts in Nigeria event ii. The facts must be caused, occasion or give effect to the main event Where does the evidence Act Apply? 3. Facts relevant in special circumstances – The facts are not important but may be in ceertain times. It applies in most cases except to a. E.g proving land ownership, you might need to give a story on how land were divided at the start. Abitrators, Sharia Courts , Customary courts except the governement says otherwise. Facts relevant to credibility of witness These are facts that show if a witness can be trusted. What is the rule for Area courts in Relevancy and Admissibility of Evidence nigeria? They must follow the criminal procedure code and Evidence Act (s.134 to 140) infoWhat is relevancy of evidence? Facts that help explain or prove something in a case. They do this for fairness It is about if the evidence is important Week 2 A fact is relevant if it makes the case cleare or easier to understand or connect the pieces of the story. What is Evidence? Anything used in court to show if something is true or not. What is admissibility of evidence? This is whether a fact or evidence is allowed in court What is Evidence – Wigmore An evidence may be releavnt but not admissible so it cannot be brough up in court. It is facts, not rules or ideas shown in court to prove if something is true or not. What are the facts that you do not need Why is Evidence important? It helps the court decide what really happended in a case to prove? 1. Agreements It hels prove if something is tue or not. 2. Facts the court knows aleady 3. Facts we assume are rue (presumptions) When can you give evidence? What is admission? Sayng something that shows that a fact is true. You can only give evidence of things said already in the case, nothing new. It is not always proof of the truth but stops someone from saying something else later What are the 8 clasifications of evidence on. 1. Oral – When people present in court what they saw, heard or know a. When something is not written, you can only prove then by oral evidence Types of admissions? b. They must have seen it themselves not heard it from 1. Formal admissions anythone else orelse it is Hearsay. 2. Oral Admissions 2. Documentry – Evidence on Paper, Map. Photos, Recordings and 3. Admissions by actions Computer files 4. Pleadings a. You cannot talk about what is in a document withought showing it. b. Docuemnts often need someone to explain them. 3. Real – An object brought to court e.g. a weapon or clothing a. b. The object must be shown to the judge The court can visit the place if they cannot bring th What are Formal admissions? thing to court (Visit to locu Inquo). These are agreeemtents in court c. Photos and descriptions (docuemntary evidence) can be used to prove it. 4. Circumstancial – When there is no direct proof but facts around the When both sides agree something is true , it should not be proven. case help show what happened. a. Used mainly when there is no witness to directly say what happened b. They use small clues as there is not dirct proof to make 5. up the facts of the case. Direct – Evidence directly relating to the case and helps prove facts What are Oral Admissions? 6. Hearsay- This is talking about something you did not see or hear or When someone says smething in court that supports the other side experience directly , but talks about what another person said or did a. It is generally not allowed except the law allows one to say so. What is Admission by Action? What happens if a confessional When someone’s behaviour shows they agree with something, statement is in english and the intepreter records it in a separate What is Pleadings admission? language? When someone writes their claims or defenses,anything they do not decide is true The interpretermust be clalled as a witness. You must tender the original and translated version. NOTE: Not every confession is an admission but every admission is a confession. Admission stated is for civil maters not criminal Types of Formal admission? matters.Confession is an admission to have comitted an offence. 1. Answering questions in interogation 2. Lawye agrments 3. Pleasdings 4. 5. Written agreements Not answeing your notice to admit something the other side sends. Things that do not need to be prooved in court? 1. Things that the court already know – Judicial notice 2. Things that are known to all e.g. Nigeria is in Africa Whose formal admission counts? 1. People involved in the case 2. Their agent(people working for them) 3. 4. People with an interest in the case People who the case is about or mentioned by a party How does the court use judicial notice? This is when a court of competent jurisdiction has confriemd something. E.g Culture that women do not inherit property was removed and applies to culture no (Mojeku v Mojeku) Does the court have the discretion to It saves time in court Focus on facts that matter than common knowledge admit a formal admission? The culture does not need to be proved again Although facts admitted do not need to be proved, If something is admitted, the court can ask for proof to ensure everything is fair and jus What are things that are known to all? 1. Law everyone should follow 1. Holidays e.g. chrismas or new year What is a confession? S.28 This is when someone say or shows how they did a crime. It is made by the person charged. What re the facts that the ocurt will accept without proof – s.122? 1. Nigeria laws made by the legislature What is the genral rule of confession? Layout of countries and continents e.t.c It si only admitted if it is voluntarily made without force, threat. It can be obtained by deicept, if an officer pretends. What are the rules about confessions? Can the court refuse judicial notice? By force/involuntary: They must be voluntarily made if it is by force, the court will Yes they can, say no if someone askes the court to accept a fact witout proof except not acceot the confession and will conduct a trail within trial to confirm. they bring a book or document to support it. Changed your mind/deny/retract: The court will look at the confession but will be careful and determine weight at the end of the trial. What is presumtption? When the court makes a decision based on facts that are already proven What is the value of a confessional statemnt ? It is of a high value because if ti is direct, corgent , positive and voluntay made, it is What are the 2 types of presumptions? binding on the maker and the court can rely on it to confict the person. 1. Presumpion of facts 2. Presumption of law NOTE: The court can rely on this alone to convict provided the statement is a. Irrebuttable presumption of law – cannot be changed true , direct and cogent and support the facts before it. or argued agaianst b. Rebuttable prsumption of law – Can be challenged if there is evidence agaisnt it 3. Presumption of docuemnts Coaccused defendancts and confessional statement? What are presumption of facts This is not binding on all other defendants unless admitted expressly or by conduct or not responding on notice, they are deemed to have been agreed. The court assumes something based on what usually happens in real life e.g. e.g. someone ith stollen property is a thief except they explain how they got it. You must satisfy the element of the crime. How to prove that a confessional statemnt should be binding? What are the types of presumption of 1. The codefendant had the opportunity to refuse the confession and did not respond facts? 2. They agreed the content of the confession Presumption of intention – if someone does something e.g. break a window will hurt someone Presumption about stollen goods – having stollen goods is a presumption that you stole it  Presumption of continuance – If something ws true, the court assumes 5. Self incriminate yourself to guilty – you do not have to anwer a it is still true. question in court that will get them in trouble. Except (you are Presumption about business – Assumption hat normal business accused , if it is about money or debt , if the AG askes you questions) practices are followed 6. Police officers – Protected from sharing their informant 7. Government secret – unpublished governement records cannto be used in court. Except the presient or governor says it is okay or the judge looks at it privtely and see if it is important. 8. Public inerest What is a type of Irributtable presumption of law ? A girl under 12 cannot give consent Week 4 A child uner 7 cannot commit an offence What are the 2 Facts that are inadmissible ? 1. Irrelevant facts What are the types of rebuttable a. Only facts that are relevant to a case can be used in court presumption of law? b. Fcats excluded by law not allowed Prusmption of marriage - when one provs that there was a ceremony Presumtion of isanity - What tyes of facts are excluded by law? Prsumption of death – if the person who should have spoken to them have not heard from them for 7 years 2. Hearsay 3. Opnion Evidence Presumption of ownership 4. Evidence of Character 5. Similar facts Presumption of docuemnts What is hearsay evidence? Docuemnts that are certified, maps and electronic messages are This is talking about something you did not see or hear or experience presummed true directly , but talks about what another person said or did. Documents fromforeign countries presummed true It is generally not allowed except the law allows one to say so. Why does presumption matter? Helps the court make decisions faster by using common sense and general rule sof life. What is the rule about hearsay? – s.37 People must only talk about what they saw , heard or experienced directly. Week 3B Why hearsay is not allowed genrally? What are the facts that cannot be s.38 The orignal person is not there is answer questions proven for policy reasons? As stories goes round, it can be less truthful It might lead to lies or mistake 1. Estoppel – s.169 Evidence Act It could cause unfair decisions in court. 2. Official and Privilegdged communication What is opnion evidence? What is Estoppel This is what somoen thinks about a facts based on their skill. Not what they heard or saw. If someone says and does something to make another beliieve it is true, thy cnanot later say it is not true. It protects people from being tricked It ensure fairness so that people can rely on what they were told. Is the opnion of witness useful? It is useless, opnion of experts is the only opnion evidence relevant Types of opnion evidence ? What are the types of estoppel 1. Sciene and art – doctors and artist 1. Estoppel by record – CourTs decision in past case stops you from 2. Foreign law rguing in future cases (Must be the same person, same issue, court 3. Customary law - chief of a community s.70 EA decision, court of competent jurisdiction). 4. Handwriting – An expert with handwriings or friends who are familiar a. Cause of action Estoppel – You cannot take someoen with the handwriting. This can be compared in court. to court twice if th court has decided 5. Fingerprints – Experts to look at the handwriting b. Issue Estoppel – If the court has decided on an issue, you cannot argue about the issue again in another case 2. Estoppel by conduct – Words or silence makes one believe something is true 3. a. If they rely and at on it, you cannot say it is not true. Estoppel by agreement – If both people agree on something, they What does the court use to determine 4. cannot deny it Estoppel by deed – You sign a document, you cannot sy it is not true. expert opnion evidence? 1. Education – they studied e.g. sceintiest 2. Experience – they hve done a lot e.g. builder What are oLicial and Privilegdged communication What does expert opnion evidence need These are things/information protected by law to allign with? It needs to allign with coomon sense and reasoning 1. Things husband and wife say – Ecept they are suing theirself in court or one is in trial for a crime against the family. 2. Things between solicitor and client - Except the cleint becomes a witness so they need to share some information to give testimony Why does opnion matter? 3. Discussions between jury and judge – except special order is made The court needs experts to deidethe hard questions e.g. how someone died for them to answer 4. Withought prejudice stateements How can someone identify a culprit as a Who can make admissions, informal or form of opinion evidence formal 1. In court by pointing out the culprit Privies -s.21 2. Outside of court in an identification parade. This works only if noone know who the culprit is. Someone involved in a case (agent) People with money or property interest People whose right or property led to the case What is evidence of Charater? It shows if someone has a good or bad characher. Other admissions – s.22 and s.23 Admission by someone whose posiion might be priven in a case Admission by someone named as a party in a case When can good charachet evidence be used? Week 5 What is a confession? – s.28 When a defendant wants to defend themselves with their good character This is when someone say or shows how they did a crime. When can bad character evidence be It can be spoken or written but not actions It should be made voluntarily used in criminal cases ? Genrally, you cannot bring up someone’s bd character unless 1. 2. The ad past is part of the crime The person talks about being a good person. What si the standard of proof for criminal cases s.135 Beyond reasonable doubt – meaning that the judge feels very sure he is innocent When can bad character evidence be because there is no possible doubt. used in civil cases ? 1. Often it does not matter unless it affects damages to pay, or it I a The burden on the defendant is on the balance of probabilities. lible/divorce matter. How many witnesses do you need to What is similar facts evidence? proove a case? This is when someone does similar bad things ad I proves One strong case is enough - Miller 1. It was not an accident 2. They knew what they were doing Presumption fo innocence – s..36(5) Rewrite in an 8 year old language making it easy to read and remain the information for someone with adhd CFRN 1999 (as amended) Everyone is considered innocent until proven guilty Wht are the two types of hearsay -s.37 1. Spoken or written statements – soething said by someone who is not Who proves guilt in court to defend it. 2. Records or docuemnts – Things like books that cannot directly be The procecution must prove that the defendan is guilty(ultimate burden). proven What si the procecution level of proof. What is direct evidence Beyond reasonable boubt - It means the evidence is strong enough that no reasonable person would doubt the defendant is guilty. When somone talks about soemthing that is directly from them NOTE: If the defendant needs to prove anything, it is the balance of probabilities When is hearsay allowed? 1. Dying declaration – If someone says something whilst they are 2. dying , it must say how they died Documentary evidence – Some official dcouments can be used What is the pinciple of Severance ? even if the person that wrote them is not ehre. This is when there is a mix between civil and criminal matters 3. Admissions – If someone admits something , it can be used as evidence 4. A sworn/affidiavit statement - s.20 You can say that someone told you and you believe 5. 6. Expert opnion Testimony of a person who becomes incapacble – the perosn What happens in the principle of presence canno be secured without undue delay severance? What are the two types of admissions? The judge needs to separate the civil from criminal matters. They are then tried on their sandrd (criminal - beyond reasonable doubt) , (civil – balance of probabilities) 1. Formal admission – applies to civil proceedings If it is not possible, the matter will be tried with the criminal standard , 2. Informal admission – applies to civil and criminal proceedings beyond reasonable doubt What is coroboration? Extra evidence that supports what someone is saying  Paragraphs: Write it in short, numbered paragraphs. When coroboration is needed? If there are any changes, they must be signed by the official who checks the affidavit. If someone has broken a promise to marry – s.197 When can the aLidiavit be requested? If an accomplice helps commmit a crime -s.198 It can be proved at any time in a case Who can a confession be used against? Do you need an original document with It can only be used against the perosn that made them not anyone else. the aLidiavit? The court can ask for the original to go to court, only the orignal or certified copy is accepted. In what situation does confessions not What si the special requirement of count? 1. They are involuntary aLidiavit? 2. Caused by Threat, promises, pressure from someone in charge If it is hard to read/messy it can be rejected. A blind person and somoen that cannot write can mark the document in front A changed affidiavit is changed, it must be sworn again with the changes noted clearly. What happens if the confessional statent is denied or retracted The court will still use it but will decide how important it is when making the final judgment. What is a Jurat? A small noe at the ned of the affidaivit It says the date and time the affidiavit was signed Times where confessional statement is The affidiavit myst say the language it was translated to to cater for who cannot read valid bu appears not to be – s.31 If a person makes a mark instead of signing, it should be made before an official. If the person was tircked If is was a secrete If they answer questions, thy did not have to If they were not told their confession will be used in court. What happens to statements by deceased people? What is aLidavit Evidence – when That statement is called hearsay evidence as hey cannot come to court to speak up themselves. someone said their confession was This is an exception to hearsay e.g. dying declarations forced The court will hold a trial within trial If the proceution proves that the confession was made freely the court What is a dying declaration? 39(a) and will exhibit the confession. Otherise, they will rject the confession. If the court thinks it was made out of pressire, force or involuntarily by fear, the court will not allow it 40 EA When someone dies, they might say something important about how or why they died. If they knew they were about to die, what they said can be used in court. Accomplice confession to apply to others. Does it matter if the person who gave When one person of the group makes a confession that implicated the the dying declariond does not die? others, that confession cannot be used against the others. If someone believed they were going to die but still hoped to recover, their statement The others will need to agree with the words and actions about what caused their death can be used in court. What is an aLiviavit? 5 Element for dying declaration It is a writtens tatement that someone signs and swears it tis true 1. What they said must matter to the case. 2. Their statement is only used after they’re dead. What is an aLiviavit used for? 3. Their words must talk about the cause of their death or what happened before it. They re proof of facts written in them 4. It’s only for murder or manslaughter cases. They are used for civil and criminal cases 5. They must have thought they wouldn’t survive when they spoke. What is Res Gestae (Connected Facts) What should be included in an aLidiavit? Facts that aren’t the main issue are still connected to the case. 1. Facts that the person knows and belives is true 2. No extra stuff like argument or legal opnions 3. If the person belives something based on what else someone else told them, they must explain where they got the information from How does Res Gestae connect to dying How should an aLidiavit look? declarations? Heading: It must show the court’s name and the case details. If a dying declaration doesn’t follow the rules above, it might still be used if it’s part of Res Gestae. Details of the Person: Full name, job, where they live, and their nationality.  What are the 2 types of docuemntry Week 6 evidence? 1. Public docuemnts – official paper like governement documents a. Including private record stored in official places in Oral Evidence nigeria 2. Private docuemnts – Any papers that are not public like personal letters What is oral evidence? NOTE: Newspaper can be both private and public document It is what is said under oath This is evidence based on wtiness testimony generally no number of witness is required to estabilish a fact. However, when coroboration is required, there must be corroorative evidence(more than 1 evidence) to support sole evidence befoe the How do you proove what is a court. document/content? 1. Primiary evidence (better) s.85 – actual document shown to the How to prove oral evidence in court 2. court. Geenrlly, only the original is admissible. Secondary evidence s.88 - Alteernative when you cannot find the This is when witnesses come to court and speak about what they saw, heard, or original – these are certified copies and copies and you need to lay experienced. It’s like telling the court what happened. proper foundation to tender it. Does all evidence need to be proved by How to prove primary documentry oral evdiece? evidence content ? Yes, all evidence needs to be proved by oral evidence except docuemtns Original document brought for inspection Including each part or counter part of excluded document Expert opinions as oral evidence \How to prove Secondary documentry Experts write their books sometimes, so if they cannot come to court, the court can use their books. evidence content ? This is if the author is deceased or unavaaible Certified copies Calling the auhor will cause delay Docuemnts made electronically Real Evidence Oral account of the document by someone that has seen it When can the court use real evidence? This is used when a oral testimony refers to a thing tht is not a document When can you use secondary evidence? 1. Visit the scene - The court can check things anytime before the final judgement. The original documents is missing/distroyed. 2. Look at the matterials e.g. the knife The orignal document is with someone else. The original is hard to move The original is a public docuemt. What happens if the court does a visit to The document is from a banker book – If it was made in busness the scene in real evidence? What should a party do when they want They must write down what they saw or learnt to use secndary evidence that is with someone else or is lost ? How can trial be continued after visiting 1. For witness document: They must tell the court the whereabout of the original the scene? 2. If the document is with the other side: You can say you have serve notice to produce(orally or in writing) the docuemnt. But this does not The hearing can be adjourned to the inspection cite and proceedings appply to public documents continue there § This is sent so the other side has the opportunity to provide Evidence of what happened in the inspection will be presented in the orginal first, if no response, it can be used as secondary court. evidence A record of the inspection must be kept 3. For public docuemnts: You can tender the certified true copy – just tell the court you do not have the original. § The CTC must conain the name, rank of the person who Does the accuse follow them to the scertified the document, the ammount pai for certification, date of cerification and must state on the document thatit is scene of the crime? a certified true copy. Proof Yes, the accused does in criminal cass What is burden of proof? Documentry Evidence Legal duty to establish the existent of an alleged fact What is the rule of docuemntry evidence? How many burden of proofs do we have Any evidence that can be said orally can be used if contained in a 1. Legal burden s.131 – for the person that brings the claim(does not document shift) The content canonly be tendered by the maker or the person who is a. He who says something must prove it. in possession unless they are dead or cannot be gotten without 2. Evidential burden s.133 – for the person that brings evidence to delay , injustice or cannot be found. disprove the facts (shifts between parties) What is the step of when evidence is Can silence of a defendant count as shown? proof 1. Once one person shows evidence Sometimes, yes! 2. The other side must a. Show proof that it is not tue For example, in marriage cases, silence can sometimes be a clue. b. Bring new facts to balance things If one person tells the truth and the court believes them, that can be enough to make What is evidential burden in criminal a decision, even if no one else supports their story. cases ? It is static on the procecustion Examples of crimes that need extra proof When can burden of proof shift in 1. 2. Treason: Trying to harm the country. Perjury: Lying under oath in court. 3. Driving too fast: Breaking speed limits. criminal for evidence 4. Sedition: Saying things to stir up rebellion. 5. Child’s Evidence: A child’s unsworn statement needs backup proof. For Intoxication, insanity , double joerpady, he needs he burden to proof the defence. What is evidential burden in civil cases ? Witness Summon It si non-static - It si the person who will loose that has to prove, if no evidence is shown The court will look at anything mentioned in the pleadings Who are the 2 stages for one to be able If the person shows enough evidence to convice the court, it moves to the other side to testify in court This back and forth goes on until the facts in a case are addressed. 1. Competent The court will scale each side argument for decision 2. Compelability What si the standard of proof for civil cases – s.134 What is the genral rule of competency? Balance of probabilities – the court will look at bot sides to see which story looks Everyone is competent if they more beliveable. 1. they understand the questions and 2. can give reasonable answers. Whis is an accomplice? Anyone who helped with a crime but is not charged at the same time. They would have testified in court to help the court. Examination-in-Chief in Written Cases What must the court caustion with acomplices , agent provocateur , tained In some places (e.g., Lagos), a witness writes their statement before coming to court. In court, they only confirm their statement. witness and hostile witness. If a witness is called through a subpoena (special court order), they can speak without writing their statement beforehand. The court must be csreful believing them without extra evidence by coroboration. Who is an agent provocateur What is cross examination? This is when the other side questions a witness after Examination-in-Chief. It Somone that tricks another to comminting a crime happens after the examination in chief. Who is a Tainted witness Why do we need cross examination? A witness whose credibility is questionable. To find mistakes or weaknesses in the witness’s story. To bring out facts that help your side. Who is a Hostile witness A witness that has been manipulated to lie in court What questions can you ask in cross- examination Whis is a codefendant 1. You can ask leading questions 2. You can ask about things not mentioned during Examination-in-Chief Somone in trial with another person for the same crime. 3. Irrelevant or rude questions are not allowed 4. The court decides if a witness must answer difficult or private questions Wat happens if a codefendant says something in court to implicate When do you not need to Cross- another? Examine: The person would not be considered a codefendant. 1. If the witness’s statement helps your case. 2. If the opposing side’s case has obvious mistakes. What is re-examination? Can the court itself ask a witness 1. This is when a lawyer asks their witness more questions after Cross- Examination. questions? The court can ask a witness questions or ask for documents to clarify facts. But the court must be careful not to seem biased or unfair. Why do we need re-examination? To explain confusing points raised during Cross-Examination. When can the court the questions? What questions can you ask in cross- If something is unclear or needs more explanation. examination 1. Leading questions are not allowed except: With court permission. Does a case get reversed if evidence is 1. For simple or agreed facts. You can ask leading questions wrongfully allowed or rejected? S.251 2. You can only ask about things brought up in Cross-Examination. If the court uses evidence, it shouldn’t have (rejected) or refuses to use evidence it should have, it doesn’t always mean the case will be reversed. Can you introduce new topics in re- What is electronic evidence examination? Generally, any evidence gotten from an electronic gadget (e.g. computer or telephone). No, new topics are not allowed unless the court gives permission. 4 Conditions for admitting computer What are you not meant to be doing in generated evidence?-s.28 re-examination The computer must be regularly used to produced the type of evidence Re-examination is not for fixing mistakes in the witness’s earlier tender answers. Computer produce the evidence in regular course of business It’s not for adding new facts to the case. Computer was functioning properly, if not, the malfunction did not affect the evidence What is impeaching a witness(usually Week 7 for hostile witness)? Who are the people might not be This is when you say a witness cannot be trusted. competent? When they ae lying in court or being invasive or have been bribed, the court can 1. Children under declare them a hostile witness. 2. Are very old and confused. 3. Have a serious illness affecting their mind. 4. Civil matters (spouse is competent for both people) a. criminal the spouse Is not competent for prosecution except hey are separated or deserted for over 2 years Who can impeach a witness – s.230 1. 2. The side that called the witness, you can impeach the character. The side that called the witness - if the court agrees, they will disregard What does compelability mean the statemen including earlier ones that the witness made. Th ability to secure the attendance of an unwilling witness who is competent to come to court. How do you impeach a witness? Show that the witness has lied before or has bad character. How to secure he attendance of a Show that the witness was bribed. Show that the witness’s earlier statements don’t match what they are witness? saying now. 1. Witness surmons - ordering witness to come to court. Ususally lower magistrate court 2. Suppoena – Usually higher court a. Suppeona ad testificandum -gotten when the reason for compelling is to give oral evidence Can a witness refresh their memory? b. Suppeona duses tetum – Compelling a witness to tender docuemnts they hold – they cannot be cross examined. c. Suppeona ad testitantum et duses tetum – combination A witness can look at notes to remember facts while speaking in court. if they give oral and written evidence The person applying for this will need to bear the cost of the surpeana What can the witness look at to refresh their memory? Notes they wrote during or shortly after the event they’re talking about. Notes written by someone else if they checked and agreed with them Who can be a compellable witness who before. Experts can also use books or professional materials. ordinary will not ? Insane People: Someone with a mental illness can still be a witness if they Procedure to refresh memory understand the questions and can answer sensibly during a clear moment. 1. Leave of court must be obtained first so a witness can refresh their memory Dumb (Mute) People: They can testify using writing, sign language, or any way the court can understand.  Can the people involved in the case and Spouses (Husbands and Wives): Someone’s spouse can testify for or against them. their lawyers stay when other witnesses In adultery cases, spouses can testify but don’t have to answer are testifying? embarrassing questions unless they already talked about it. Yes, the people involved in the case and their lawyers stay in court even if they will be witnesses later. Children Under 14: The court checks if they know right from wrong before letting them talk. They know the importance of saying the truth If they pass, they can talk without swearing an oath. So they need documente[e[eloration What does the law say about talking to witnesses who are waiting to testify - Children 14 and Above: They don’t need a special test and can swear an oath like s.213 adults. The court can stop people from talking to witnesses who are waiting to be called to speak in court. Lawyers (Counsel): Usually, they aren’t supposed to testify in cases they are working on unless there’s a very good reason. What is examination in chief? This is when a lawyer asks questions to their own witness. To bring out evidence that support their side or goes against the other Who are the people that are not side. compelable in court but may be What questions do you ask in competent ? 3. Presidents, Governors, and Deputies Immunity: examination in chief They don’t have to testify about private matters while in office unless 1. The question must focus on facts, not opinions or legal arguments - they want to by starting personal case Ladipo v Ajani. 4. Diplomats (Foreign Representatives) Immunity: 2. You cannot ask “leading questions” (questions that suggest the Diplomats and their families don’t have to testify unless their country answer). Exceptions: agrees. a. For introductions or undisputed points. 5. Bankers: Bankers don’t have to bring their records to court unless the b. With the court’s permission. court gives a special order. c. For already proven facts (Section 221(3) Evidence Act). 6. Defendants (People on Trial): 3. Witnesses can only give opinions if: Defendants can talk in court if they want to but can’t be forced. a. They are experts (e.g., on handwriting or science). They don’t have to answer questions about past crimes (implicating 4. Witnesses cannot use hearsay (what someone else said). themselves) or bad behaviour unless it’s part of the case. 5. Witnesses must speak about what they know directly. 7. Judicial officers 8. Lawyers The person operating the computer will swear an affidavit, or produce a document, or What are the special rules for spouses give oral evidence to verify the facts stated above. and adultry cases testifying Spouses don’t have to share private things said during the marriage unless they choose to. A spouse can only testify if the defendant agrees, except in cases like: Violence against the spouse. Sexual crimes. Stealing from the spouse. What order are witness called in court? S.215 1. First, the witness is questioned by the side that called them (this is called “Examination-in-Chief”). 2. Then, the other side asks questions (this is called “Cross- Examination”). 3. Finally, the side that called the witness can ask more questions to explain confusing points (this is called “Re-Examination”). What does the court do to toehr witnesses when a witness is giving testimony – s.212 The court can make witnesses stay outside the courtroom so they don’t hear other witnesses speak. If a witness ased to go decides to still stay, the witness evidence is still be admitted but little to no weight ill be applied to the testimoney