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CLASSES OF EVIDENCE
Direct evidence
Any fact from the existence of which the court may infer the existence of a fact in issue.
A fact may be inferred from a refusal to disclose.
o Circumstantial evidence may also be inferred from what transpired before, during
and after an incident.
Deolal Sookram v R 44 WIR 400
EVIDENCE
Law is commonly divided into substantive law (which defines rights, duties and
liabilities) and
Adjective law (which defines the procedure, pleading and proof by which the
substantive law is applied in practice).
Pleadings
Ascertain for the guidance of the parties and the court the material facts in issue
in each particular case.
Proof
Establishment of such facts by proper legal means to the satisfaction of the court.
(1) To lay down rules as to what matter is and is not admissible for establishing facts in
dispute.
(2) The manner in which such matters may be placed before the court.
What is Evidence?
The means apart from argument and inference, whereby a court is informed of
the issues of fact as ascertained by the pleadings.
The subject matter of such means.
Evidence is that which is placed before a court oral, documentary or real, in order
for it to decide issues of fact.
The principles relating to what matters are not admissible to prove or disprove
facts in issue
The rules relating to the production and reception of such evidence – how and if
such items should be presented to the court.
Direct evidence
The existence of a given thing or fact is proved by its actual production or by the
testimony or admissible declaration of someone who has himself perceived it.
Real evidence
Material objects, other than documents, produced for inspection of the court.
When it is available, it is probably the most satisfactory kind of evidence.
Unless its genuineness is in dispute, the thing speaks for itself.
Primary evidence
Means the best or highest kind, that which the law regards as affording the
greatest certainty of the fact in question.
Production of the original document, or proof of an admission of its contents by
the party against whom it is tendered, is considered primary in this sense.
Secondary evidence
means inferior or substitution evidence, that which itself indicates that existence
of more original sources of information;
The copy or the testimony of a witness, who has read the document, is secondary.