Evidence

circumstantial evidence, documentary evidence, hearsay evidence

Evidence is the means by which the facts in issue are proved. In criminal cases the accused is presumed to be innocent until he is proved to be guilty. In order to prove him guilty the prosecution must prove its case beyond reasonable doubt.

Two types of facts are relevant: facts in issue and other facts from which the facts in issue may be inferred. This is known as ________.

There are three methods of proving the facts: by the evidence of witnesses, by __________, by real evidence.

The general rule is that all witnesses must give evidence on oath. The oath is: “I swear by Almighty God that the evidence which I shall give be the truth, the whole truth, and nothing but the truth!”

There are two basic rules which relate to the testimony of witnesses: firstly evidence should be given orally and in open court (there are some exceptions to this rule, for example provisions enabling evidence to be taken before trial, and in some cases given by affidavit); secondly evidence must be continued to facts which the witness personally perceived (this rule excludes opinions and ________: he cannot give evidence of what he heard another person say).

A person who wishes to rely on the contents of a document as a means of proving a fact must prove that the document is authentic or has been duly executed.

Real evidence refers to the inspection of physical objects (other than documents) by the court. There are three main types of real evidence: material objects, referred to in courts as 'exhibits'; physical appearance of persons in court when it is necessary to assess damages for personal injury; a view, i.e. an inspection outside the court of a relevant place or object.

Ex. 1.   Choose the best way to complete the sentences.

1. The usual method to begin an action is …

1. inspection of documents

2. to issue a writ

3. to deliver an acknowledgment

2. After acknowledgment service the defendant has ...

1. to weight the importance of evidence

2. special instructions of his solicitor

3. further 14 days to file a defence

3. A pleading must contain ...

1. a brief statement of the facts relied on

2. physical exhibits offered by the lawyers

3. the opening and closing statements of the judge

4. The first pleading contains ...

1. the testimony of witnesses

2. the credibility of witnesses

3. the statement of claim made by the plaintiff

5. If the plaintiff feels that there is no defence to the action ...

1. he may make objections to evidence

2. he may include a counterclaim with the defence

3. he may apply for a summary judgment

6. Finally the judge gives ...

1. instructions to the jury on the law

2. the decision in the form of a reasoned judgment

3. his opinion of the case

Ex. 2. Mark the statements which are true.

1. The term “procedure” refers to the trial itself.

2. Issuing and serving a writ places the matter on official record.

3. The form of acknowledgment is served by the plaintiff with the injunction.

4. A pleading must contain the evidence by which it will be proved.

5. If a matter is not included in the pleadings it cannot usually be raised at the trial.

6. The second pleading contains the statement of claim made by the defendant.

7. If the plaintiff feels that there is no defence to the action he may apply for a summary judgment.

8. The trial starts with the inspection of documents.

Ex.3. These are answers. What are the questions?

1. The proceedings prior to trial take much time.

2. Proceedings after trial may also take time.

3. The usual method of commencing an action is to issue a writ.

4. After acknowledgment service the defendant has 14 days for which to file a defence.

5. There are the first and the second pleadings.

6. The plaintiff may obtain a default judgment.

7. The date and venue of the trial are fixed and the number of expert witnesses may be called.

8. The plaintiff’s barrister is outlining the issues involved and calling the witnesses.

Ex. 4. Make your own sentences on the judicial process. Use the following words and word-combinations.

1. court, to appear in court, trial, judge, jury;

2. to give evidence, to testify, testimony;

3. the accused, the defendant;

4. barrister, the defence, the prosecution;

5. to plead guilty / not guilty;

6. to put a witness in the stand, to cross-examine;

7. to try and pick holes in the witness’s evidence;

8. to make a closing speech, to announce the verdict.