Evidence Burden And Standard Of Proof Notes

CIVIL EVIDENCE BURDEN & STANDARD OF PROOF Concepts & Definitions Evidence Information which may be presented to assist deciding on the probability that a fact asserted is true. Facts Open to Proof 3 types: * facts in issue, * identifiable from statements of case * relevant facts, * facts from which the existence/non-existence of a fact in issue can be inferred (circumstantial evidence) * collateral facts * not relevant to fact in issue, relevant to: # credibility of a Witness, # Legal ability of a Witness to testify (competence) # Whether a pre-condition for admitting an item of evidence has been satisfied (preliminary facts) Weight Quality + Cogency + Probative value of evidence in relation to the fact(s)-in-issue Q of degree In assessing, may consider: * other evidence - consistent or inconsistent * fact that party failed to use "best evidence", * demeanour, credibility and plausibility of Witnesses, * authenticity of documentary evidence. Types of Evidence Type Description Testimony Oral evidence given by a Witness in court - to prove truth of the matters stated Direct Testimony Oral evidence of a Witness of facts of which he has direct, personal, firsthand knowledge (ie. personally witnessed) Hearsay Statement not given in oral evidence admitted to prove truth of the matters stated Real Evidence Material objects produced for Court's inspection: * to prove that the object exists, or 

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