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Flashcards in Meaning & Admissibility Deck (10)
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0
Q

Define evidence…

A

All legal means (exclusive of mere argument) which tends to prove or disprove the truth of a subject before the court.

1
Q

What are the essentials required for the prosecution to prove guilt?

A

Crime has been committed
Relevant charge to the crime
Identification of the suspect as the culprit
Evidence must be competent
Sufficient competent evidence must be available

2
Q

Define Scots law…

A

A person is presumed innocent of a crime until guilt has been conclusively proved.

3
Q

What is the onus of proof?

A

That the guilt of a suspect must be proved beyond all reasonable doubt.

4
Q

What is the principle of corroboration?

A

One piece of evidence must be backed up by another piece for it to be accepted as fact.

5
Q

What is the rule of best evidence?

A

The best available evidence must always be led first, unless there is a reasonable excuse why it cannot be, in which case a photograph or copy may be accepted if it has a certificate of authentication .

6
Q

Define hearsay evidence…

A

Evidence at second hand given by a person who is merely repeating something said by another person.

7
Q

When is hearsay evidence admissible in court?

A
  1. Dying declaration or disposition
  2. Anything said after caution.
  3. Involuntary exclamation at time of event- “he’s got a knife!”
8
Q

What is a competent witness?

A

One who will be heard by the court.

9
Q

What is a compellable witness?

A

One who MUST attend court (citation)