Litigants often assume that the strength of a case lies in the truth of their account. In practice it lies in what can be placed before the court, in an admissible form, through a competent witness or document.
These notes introduce the framework of the law of evidence: what is relevant, what is admissible, who must prove what, and how proof is actually led in a courtroom.
Contents
- Relevancy and admissibility distinguished
- Oral evidence and the rule against hearsay
- Documentary evidence: primary and secondary
- Burden of proof and onus
- Presumptions: may presume, shall presume, conclusive proof
- Examination-in-chief, cross-examination, re-examination
- Standard of proof in civil and criminal cases
Key concepts
- Relevancy
- A fact is relevant when it is connected to a fact in issue in a manner the statute recognises.
- Admissibility
- Whether relevant material may be received by the court, judged by the rules of proof rather than by usefulness.
- Primary evidence
- The document itself, produced for inspection by the court; secondary evidence is permitted only in defined situations.
- Burden of proof
- The obligation to establish a fact; it rests on the party who would fail if the fact were not proved.
- Cross-examination
- The stage at which a witness's version is tested. It is where most contested cases are effectively decided.
Topics covered
- Structure of the law of evidence
- Proof of documents and electronic records
- Shifting of onus during trial
- Statutory presumptions and their rebuttal
- Preparation of witnesses for examination
These notes are educational material prepared for general understanding of legal principles. They are not legal advice, are not exhaustive, and must not be relied upon in place of professional advice on a specific matter.