Revision notes for Evidence – Basic Principles
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Revision notes for Evidence – Basic Principles
- Exam (elaborations) • 16 pages • 2021
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Revision notes for Evidence – Basic Principles
1. PURPOSE OF LAW OF EVIDENCE
2. ISSUES AND FACTS
Facts versus evidence:
Facts are used to determine issues. The resolution of issues determines the outcome of a case. For example in criminal
cases, the accused’s mens rea is an issue that must be determined.
Evidence is different, as they do not directly determine issues. While facts are generally derived from evidence, only
facts that have been accepted or “found” by the judg...
Exam (elaborations)
Revision notes for Evidence – Basic Principles
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Revision notes for Evidence – Basic Principles 1. PURPOSE OF LAW OF EVIDENCE 2. ISSUES AND FACTS Facts versus evidence: Facts are used to determine issues. The resolution of issues determines the outcome of a case. For example in criminal cases, the accused’s mens rea is an issue that must be determined. Evidence is different, as they do not directly determine issues. While facts are generally derived from evidence, only facts that have been accepted or “found” by the judg...
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