LEV3701 Law Of
Evidence - Summary
Study Notes (Latest
Update 2022)
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Chapter One: Evidence law General Introduction
Introduction
The first chapter of this teaching material deals with the introductory or preliminary
matters such as the definition, purpose and nature of evidence law. Of also presents also
study the common law and civil law approaches to evidence law with the various types of
evidences. Here it shows the differences between two legal systems in their approach to
evidence law.
Moreover, it discusses the evidence law in Ethiopia and the where about of evidence
rules and principles in Ethiopia in relation with the general rules of evidence. In addition
the chapter reflects the fundamental distinction between the operations of the rules of
evidence in the civil context from the criminal context. Finally, the chapter tries to give a
highlight on classification of evidence and who show evidence can broadly be classified
be it oral, documentary evidence or otherwise.
Chapter Objectives
At the end of this unit, the students are expected to be able to
• describe what law of evidence is all about
• explain the significance of evidence
• identity the differences between the civil law and common law approach to law of
evidence and the Ethiopian position
• discuss the concept of evidence law in civil and criminal cases
• discuss the type of evidences
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1.1 Meaning, Nature and purpose of Evidence law
1.1.1 Evidence Law defined
What is evidence law?
Before dealing with “evidence law”, it is important to discuss about the concept of
“evidence” in general since evidence and law of evidence are two different things. The
word “ evidence” is originated from a Latin term “evidentia” which means to show
clearly, to make clear to the sight to discover clearly certain, to ascertain or to prove.
Thus, evidence is something, which serves to prove or disprove the existence or non-
existence of an alleged fact. The party who alleges the existence of a certain fact has to
prove its existence and the party, who denies it, has to disprove its existence or prove its
non-existence.
However, all facts traditionally considered, as evidence may not be evidence in the eyes
of evidence law. Rather, evidence is something presented before the court for the purpose
of proving or disproving an issue under question. In other words, evidence is the means
of satisfying the court of the truth or untruth of disputed fact between the parties in their
pleadings.
Draft Evidence Rules (DER) defines evidence, as “ a means whereby any alleged matter
of fact, the truth of which is submitted to investigation, is proved and includes statements
by accused persons, admission, Judicial notice, presumptions of law, and observation by
the court in its Judicial capacity”. This definition may be more than what you think to be
evidence. However, even though the kinds of evidences enumerated under Rule 3 of DER
are not exhaustive, it failed to cite “documentary evidence” which is considered as one of
reliable evidences, especially in civil cases, as one types of evidence. This seems the
result of poor drafts' man ship.
Activity
Discuss the literary meaning of evidence in comparison with evidence in the eyes of the
law?
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When we come to the meaning of evidence law, different writers defines it according to
their own perceptions but with similar messages. The difference is one defines in amore
elaborated way while others do not. For instance, Mc. Cormick defines evidence law as
“… the system of rules and standards by which the admission of proof at the trial of a
lawsuit is regulated” But this definition is not as such very helpful especially to a
beginner, because, it fails to incorporate what things are going to be dealt with by the
course.
The title of the course, is the law of evidence. That does not mean only the rules
concerning whether a given piece of information is admissible or not, but also such
questions as what happens if there is no evidence on a given point? How much evidence,
if any must a party introduces to prevent a court from ruling against him on factual
proposition? What are the roles of the judge in evaluating the evidence and the like. To
this effect, Robert Arthur Melin [here after referred as Melin], have made an attempt to
define evidence law in a more comprehensive way. He defined it as follows.
The law of evidence is the body of legal rules developed and enacted to govern:
A. facts that may be considered in court? This is the issue of relevant evidence that
one should adduce before the court to support his allegation.
1. Facts in issue
2. Facts relevant to facts in issue
B. The methods of securing consideration of these facts
1.By proof
i. Real (e.g. documentary, exhibits) evidence
ii. Oral evidence
2. Certain facts, which need not be proved
i. Judicial notice- Facts so notorious as to be facts in public knowledge
,capable of being verified by authoritative texts
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