This note discusses the meaning of the law of evidence, its relevance, the general notions underlying the law of evidence, and its relationship with substantive law.
This note will discuss the meaning of facts, evidence, and proof as used in the law of evidence, and the relationship between these three terms. These terms are extremely important in understanding the law of evidence.
In a previous note, we defined facts as things or states of things that can be perceived by the senses. In this note, we will discuss the classification of facts: facts in issue and relevant facts.
In a previous note, we discussed the meaning of evidence as information that is used to prove or disprove facts. In this note, we will discuss how evidence is traditionally classified under the law of evidence. The traditional classifications to be discussed are: real evidence, testimonial or oral evidence, demonstrative evidence, and documentary evidence. The note will then highlight some other classifications of evidence, such as circumstantial evidence and parole evidence, among others.
This note discusses the statutory definition of proof and its key elements. The note will also highlight some case law and scholarly definitions of proof.
This note will discuss the meaning of burden of proof, its significance, and its categories.
This note will discuss civil actions and the burden of proof on parties in a civil action. On the latter, the note will discuss the burden of producing evidence, the burden of persuasion and circumstances under which these burdens will shift from one party to the other.