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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

What is credibility?

The extent to which evidence will be regarded as true. Weighted by the judge/jury.