Flashcards in Admissibility of Evidence Deck (12):
1
What are the four different divisions of evidence?
Direct, documentary, real, circumstantial.
2
What is direct evidence?
The testimony of a witness to a given fact
3
What is documentary evidence?
Documents produced for the court/judge to inspect
4
What is real evidence?
Material objects directly presented for inspection
5
What is circumstantial evidence?
Facts other than the facts in issue, from which the facts in issue may be inferred.
6
What is "admissible" evidence?
Evidence that the court is legally able to receive.
Evidence must always be admissible to be relevant.
7
What is "relevant" evidence?
Evidence where there is a connection between a fact given as evidence and the facts in issue.
Relevant evidence is not always admissible.
8
What is "competency"?
If a person is allowed as a matter of law to give evidence.
9
Who is incompetent as a witness?
SCIMI
Sovereign
Children (very young), or the very old
Intoxicated persons
Mentally ill
Illness (people suffering certain types)
10
What is "compellability"?
A competent person who is eligible to give evidence.
11
Who is non-compellable as a witness?
The accused by the prosecution, exception if jointly charged under certain conditions.
Judge
Juror
Counsel
Sovereign
Governor-general
Bank officer (for records)
12