Unit I - Introduction of Law of Evidence.pptx

Law of Evidence

1. Introduction of Law of Evidence The word “evidence” means proof. Evidence plays an important role in the court of law to prove an alleged fact. Although, all alleged facts considered by the party as evidence may not always be the evidence in the eyes of law. Evidence is something used to prove/disprove an issue under the dispute. According to Oxford Learner’s Dictionary, Evidence refers to the information that is used in the court to prove something. Hence, evidence has to be concrete. Law divided into two broad categories – I. Substantive laws and II. Procedural laws. They form the two major branches of law. Substantive laws are the statutory laws passed by the legislature . Whereas , procedural laws comprise the rules and processes which any court follows for hearing and determining the cases.

2. EVIDENCE AND SUBSTANTIVE LAW After the trial is conducted, evidence in substantive law is used to determine the nature of the case and settle the matter. Elements i.e. substance of the case are defined by the substantive law. Once the hearing of the evidence is presented by the prosecution, and through its own investigation, the grand jury votes, whether the case should be dismissed or indicted. But the suspect is innocent until proven guilty. the decision to charge is largely decided on the evidence against the suspect. For example: a person is accused of a crime, solid evidence is needed in a court of law before reaching a decision. And the arrest of an accused can only happen before or during an investigation for further evidence.

3. Factum Probandum and Factum Probans Factum Probandum – The ultimate facts to be proven. These are the propositions of law. Examples: • murder was committed thru treachery • robbery was made through force upon things Factum Probans – The evidentiary Facts. These addresses questions of fact. Examples : • exit wounds were in front indicating that victim was shot at the back • destroyed locks indicative of force upon things Thus, the outcome of every trial is determined by: • Propositions of law, and • Questions of fact.

4. Factum Probandum and Factum Probans Factum probandum and factum probans are Latin phrases used in the field of law, particularly in the context of legal arguments and evidence. Factum probandum refers to the ultimate fact to be proven or the proposition to be established. Factum probans refers to the evidence that is used to support a particular argument or claim. These terms are commonly used to describe the burden of proof and the evidence presented. The distinction between factum probandum and factum probans helps clarify the relationship between the ultimate fact to be proven and the evidence that supports it. For example, in a defamation case, if ‘X’ is accused of defaming ‘Y’ through libel, the factum probandum would be whether ‘X’ actually defamed ‘Y’, while the factum probans would be the evidence presented to prove or disprove this claim.

5. Proof and Evidence Evidence– the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact”. Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court. Quantum of evidence – the totality of evidence presented for consideration Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.