Comprehensive Overview: Principles and Types in the Law of Evidence

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Added on  2023/04/22

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AI Summary
This essay provides a comprehensive overview of the Law of Evidence, which encompasses the rules and legal principles governing the proof of facts in legal proceedings. It highlights Jeremy Bentham's concept of 'free proof' and explains why it's not widely adopted due to practical challenges. The essay details the established procedures and guidelines that parties must follow when presenting evidence, acknowledging the evolution of evidence mediums with technological advancements. It categorizes evidence into primary and secondary types, further elaborating on real, hearsay, documentary, direct, and circumstantial evidence, explaining their characteristics and roles in establishing or denying facts in court.
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BULLET SUMMARIES
The law of evidence encompasses rules and legal principles which govern the
proof of facts in legal proceedings.
The law of evidence provides provisions regards which evidence is material and
admissible in the court in order to prove or deny a certain fact.
Jeremy Bentham provided that concept of ‘free proof’ in which he argued that all
the evidence should be presented before the court in order to entertain a case.
However, this alternative method did not become popular since courts face many
challenges if they accept all the evidence presented by parties.
With time and changes in policies, the law of evidence established set procedures
and guidelines which are necessary to be followed by parties while providing
evidence.
With the popularity of technologies, the medium of evidence has changed as well,
and the courts accept evidence from
The law of evidence deals with a system of rules which are defined how the
rights and liabilities of parties are protected and enforced respectively.
There are two categorised of evidence which includes primary and secondary
evidence.
Different types of evidence include real, hearsay, documentary, direct and
circumstantial.
Real evidence is usually tangible, and they are brought before the court in order
to identify physical conditions or properties to establish or deny a fact.
In hearsay evidence, a person did witness the incident; instead, someone else
tells him/her regarding the incident.
Documentary evidence is similar to real evidence, but they are limited to
documents which are brought by parties before the court to prove or reject a
fact.
Direct evidence is standalone evidence such as an eye witness which did not
require interference from other evidence.
Circumstantial evidence is a set of facts which require logical reasoning to
establish a particular fact.
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