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Preliminary Matters Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Preliminary Matters notes – written by City Law School students – is available here.

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Preliminary Evidential Matters Terminology Proof Process of convincing the tribunal of fact of a particular conclusion, by use of facts and logic (arguments) Proving a fact - achieved by combining material Implicit standard - below which the conclusion is "unproven" Facts and arguments do not have equal value in "proving" a conclusion Facts & Arguments Proof - requires combination of facts and arguments (logic) Facts - called by party in evidence Arguments - made by counsel in speeches (ie. closing) Evidence Rules of evidence seek to allow evidence of all facts which are "relevant" - which must be proved to reach the conclusion some facts may not be "proven" (shown) if the source of the evidence proving the fact is unreliable (eg. hearsay) some facts may not be "proven" (shown) as they are not necessary for the conclusion - not relevant Evidence may prove a fact - that fact may combine with other facts to prove a conclusion/fact. Testimony Oral statement of Witness on oath in open court - offered as evidence of truth of facts stated "Direct testimony/evidence" - Witness saying he perceived a fact-in-issue directly with senses - ie. what facts claims to have personal first-hand knowledge of. (contrast with circumstantial evidence) Hearsay & Original Evidence Witness gives evidence of statement (of facts) heard but Witness does not know to be true If tendered to prove that facts were stated (ie. statement was made) - "original evidence" as not being adduced to show statement is true, simply that it was made If tendered to prove the facts stated (ie. that the facts are true) - "hearsay" If Witness makes a statement (out of court) and then gives testimony that made the statement "hearsay" if purpose is to prove that facts stated are true Real Evidence Usually material object produced for inspection in order for the court to draw inferences from what they observe/its existence/condition/value. Little weight in the absence of accompanying testimony identifying the object and explaining its connection.

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