TOPIC 1- INTRODUCTION
TOPIC 1- INTRODUCTION NATURE OF EVIDENCE LAW AND THE UNIFORM EVIDENCE ACT THE NATURE OF EVIDENCE LAW
Evidence law is the branch of law that defines the type of information that can be received by a court in order to assist the decision maker to decide a matter o Information that can be received for this purpose is called admissible o Information that is excluded from such an inquiry is called inadmissible Evidence law consists of rules that the legal system prescribes for resolving factual disagreements Historically, evidence law is mainly a creature of the common law o Criticised for being illogical and itself being devoid of an evidential foundation o Uniform Evidence Act abolishes most of the CL on evidence and gives it a legislative footing
OBJECTIVES OF EVIDENCE LAW - Truth, Discipline and Protection
Evidence Law is Procedural and Not Substantive
Basically there are two types of rules of evidence o Rules that regulate matters of process concerning how evidence can be given and who can give evidence I.e. rules dealing with competence and compellability of witnesses and the reception of material that was used to commit an offence o Rules that prescribe what sort of info can be received by the courts to resolve the issues in dispute Overreaching rule is that only relevant evidence may be adduced
Important to remember that Evidence Law is not a substantive area of law o I.e. unlike contract or tort law - it does not create legal rights or duties o Procedural in nature instead - lays down the process by which substantive legal issues can be determined Despite not being substantive - Evidence Law is crucial to the operation of substantive law
Evidence law is the branch of law that defines the type of information that can be received by a court in order to assist the decision maker to decide a matter o Information that can be received for this purpose is called admissible o Information that is excluded from such an inquiry is called inadmissible Evidence law consists of rules that the legal system prescribes for resolving factual disagreements Historically, evidence law is mainly a creature of the common law o Criticised for being illogical and itself being devoid of an evidential foundation o Uniform Evidence Act abolishes most of the CL on evidence and gives it a legislative footing
OBJECTIVES OF EVIDENCE LAW - Truth, Discipline and Protection
Evidence Law is Procedural and Not Substantive
Basically there are two types of rules of evidence o Rules that regulate matters of process concerning how evidence can be given and who can give evidence I.e. rules dealing with competence and compellability of witnesses and the reception of material that was used to commit an offence o Rules that prescribe what sort of info can be received by the courts to resolve the issues in dispute Overreaching rule is that only relevant evidence may be adduced
Important to remember that Evidence Law is not a substantive area of law o I.e. unlike contract or tort law - it does not create legal rights or duties o Procedural in nature instead - lays down the process by which substantive legal issues can be determined Despite not being substantive - Evidence Law is crucial to the operation of substantive law
