Highlights on Introduction to the Law of Evidence

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Meaning of Law of Evidence

A body of rules and principles that govern how and when evidence is obtained, presented, accepted, and evaluated by a court or adjudicating body.

Keane and Mckeown: the law of evidence is that body of law and discretion regulating the means by which facts may be proved in both courts of law and tribunals and arbitrations in which the strict rules of evidence apply.

General Principles Underlying the Law of Evidence

1. Relevance of evidence.

2. Admissibility of evidence.

3. Exclusionary discretion of judges.

4. Production of evidence by parties.

5. Evaluation of evidence by the court.


Principle 1: Relevance of Evidence

Evidence is considered relevant if it has the tendency to prove a matter of fact significant to the case; or prove a fact in issue.

Section 51(1) of the Evidence Act, 1975 (NRCD 323): relevant evidence means "evidence... which makes the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.


Principle 2: Admissibility of Evidence

Evidence is admissible if it is of such nature that it can be admitted by the court.

General Rule:All relevant evidence is admissible and all irrelevant evidence is inadmissible. Section 51(2) and 3 of NRCD 323 .

Principle 3: Exclusionary Discretion of Judges

Judges may exercise discretion to not admit relevant evidence. Per Section 52 of NRCD 323.

Principle 4: Production of Evidence by Parties

The parties to any action have the burden of producing evidence before the court. This is due to the adversarial system that operates in Ghana.

Principle 5: Evaluation of Evidence by the Court

After the production of evidence by the parties, the court evaluates it and is either persuaded or not.

Nature of the Law of Evidence

The law of evidence is procedural law, not substantive.

Procedural law: Sets down rules to govern legal procedures.

The End
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