Evidence
Other Law-Evidence
Resource Sample
FUNDAMENTAL PRINCIPLES For evidence to be admissible it must be relevant; If its irrelevant is not admissible Relevancy considers first to: (1) Materiality - Evidence that is not directed at a matter in issue in the case is "immaterial" (2) Primary Relevancy - Facts directly in issue Secondary Relevancy - pertains to credibility or reliability of offered evidence. (3) Direct Evidence - Evidence which if believed, resolves matter in issue Circumstantial Evidence - Evidence that tends to prove a factual matter by proving other events or circumstances from which [either alone or in combination with other evidence] the occurrence of the matter in issue can be reasonably inferred NB Judge may limit admissibility of evidence if there is danger of unfair prejudice, or it is likely to mislead of confuse s.136 of Commonwealth Evidence Act/ s.130 QEA deals with rej. in criminal case Admissib...
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