LLB303 Exam Notes on Evidence

Summary:

The document “LLB303 Exam Notes on Evidence” provides a detailed guide on evidence law, focusing on the evidence filter, types of evidence, relevance, weight, and objections, as well as information on witnesses in legal proceedings.

Evidence Filter:

1. Relevant Jurisdiction: Determine the relevant jurisdiction for the case.
2. Identify Evidence: Classify the type of evidence (oral, documentary, real).
3. Sufficient Relevance: Assess if the evidence is sufficiently relevant to be prima facie admissible or inadmissible.
4. Exclusionary Rules: Check for any breaches of exclusionary rules.
5. Discretionary Exclusion: Determine if a discretionary exclusion applies.
6. Evidence Weight/Cogency: Evaluate the persuasiveness of the evidence.

Types of Evidence:

• Oral Evidence: Sworn assertions of fact by witnesses, including in-person, video-link, or affidavit testimony.
• Documentary Evidence: Includes various forms of documents, like maps, plans, photographs, and computer statements.
• Real Evidence: Physical objects that can be observed, not classified as oral or documentary.

Judicial Notice: Acceptance of obvious facts by the judge without needing proof.

Relevance of Evidence:

• Evidence must rationally affect the assessment of the probability of the existence of a fact in an issue, considering the overall context.
• Factors like motive, opportunity, habit, and conduct are usually relevant in criminal trials.

Weight and Cogency of Evidence:

• The persuasiveness of evidence ranges from conclusive to insufficient evidence.
• The credibility of the person providing the evidence and their perception/memory is crucial.

Objections to the Form of Question:

• Includes leading, argumentative, and questions that assume disputed facts or are too vague.

Witnesses:

• Discusses competency and compelability of witnesses, including special considerations for children and spouses of the accused.

Excerpt:

LLB303 Exam Notes on Evidence

LLB303
EXAM NOTES

EVIDENCE FILTER

1. Determine the relevant jurisdiction
2. Identify the evidence
3. Is the evidence sufficiently relevant?
4. Does the evidence breach exclusionary rules?
5. Does a discretionary exclusion apply?
6. How much weight/cogency does the evidence have?

GENERAL INFORMATION

1. Burden/onus of proof
2. Order of trial proceedings
3. Witnesses
4. Admissions/confessions
5. Examination in Chief
6. Cross-Examination
7. Objections