EVIDENCE QUESTIONS
- Define
the following terms;
a)
Real evidence
Real
evidence is a thing; it is usually a thing that was directly involved in some
event in the case, such as a murder weapon.
b)
Demonstrative evidence
It is
evidence that demonstrates or illustrates the testimony of a witness.
c)
Testimonial evidence
Testimonial
evidence consists of what a competent witness at the proceeding in question
says in court
- Explain the difference between factum
probendum and Factum probans. State its admissibility in evidence
Factum
probendum refers to the principle of fact or fact in issue, for example in a
case of murder the principle of factum probendum would be death while Factum
probans means those other facts with evidential value that may help to explain
the principle fact for example if death is a principle fact and x was seen with
a panga at the time, then that is the factum probans and they are both
admissible in court as evidence.
- State the rationale behind the rules of
evidence.
a)
To establishing who has the burden of proof in
particular instances
b)
To prescribe facts which may be proved
c)
To prescribe facts to be excluded from
consideration of the court e.g. privileged information.
d)
To prescribe methods by which proof may be
effected.
e)
To prescribe
the extent of proof required in a particular case.
f)
To prescribe the effect of certain pieces of
evidence.
- What
is the res gestae principal and what forms it?
Resgastae
are those other facts which are in relationship with a fact in issue and both relevance
and admissibility form the res gestae principle.
- What is the rationale for requiring
corroboration for accomplice evidence?
a)
Their evidence is untrustworthy before court as
they are likely to tell lies in order to shift guilt from him.
b)
As a partner in crime with accused, an accomplice
is not likely to value his oath.
c)
If an accomplice usually gives evidence because
of the hope or promise to be pardoned or treated leniently by the prosecution.
- State the principles governing
admissibility of evidence which is illegally or unfairly obtained.
a)
Provided that the evidence is relevant there is
no discretion to exclude evidence merely because that evidence is illegally
obtained.
b)
Its admissible if conducted with no force,
persuasion and defendants acted voluntarily with full understanding of their
own dishonesty.
- What do you understand by the term
evidence?
It is
the means by which an allegation is proved or disproved. There are different
modes of evidence which may include; document, oral evidence, and opinion
evidence among others.
- With reference to evidence obtained
illegally or by unfair means. State the two conflicting views.
a) Evidence which is admissible should not be
excluded because of the means by which it was obtained.
b) Such evidence should be excluded, to admit it
might encourage obtaining evidence by such means.
9.
Explain the relevant procedure required by
police when conducting identification parades.
a)
That the witness does
not see the accused before the trial.
b)
The accused is placed
among at least eight persons of similar age, height and class of life.
c)
See that the witness touches the person he or she
identifies.
10.
What is
the rationale for the exclusion of oral evidence?
It is
that courts of law must not attempt to write agreements but should rather
enforce agreements written by parties.
11.
What are
the two ways an accused person can retract a confession?
a)
By clear and positive express repudiation.
b)
By implication.
12.
When
does the best evidence rule apply?
The best
evidence rule only applies to proof of the content of the document and not to
cases involving the existence or identity of the document.
13.
Who is
an officer in custody of a document?
This is
a person in charge of the department under which the original document is kept
but section 75 of the Evidence Act widens the meaning to include any officer
who by ordinary course of his duty is authorized to deliver the copies in issue
14.
What is
the importance of a voir dire in the law of
Evidence:
This is
the procedure used to determine for example the competence of witness to
testify or the admissibility of a disputed confession.
15.
According to the words of Glaisdale in DPP V Kiibourne (1973) what is relevant evidence?
Relevant
evidence is that which makes the fact requiring proof more or less probable, it
was defined by Glaisdale in the following words evidence is relevant. If it is
logically probative or disapprobative of some matter which requires proof
16.
Give the
meaning of explanatory and introductory facts
Facts
which are necessary to explain or introduce a fall in issue or a relevant fail,
or which rebuts or supports an influence suggested by such a fall or which
establish the identity of anything or person whose identity is relevant or
which fixed the time or place at which any fall in issue or relevant fact
happened or which shows the relationship of parties by whom such fact was
translated are admissible in no far as they are necessary for that purpose.
17.
What is
meant by means of proof as evidence?
That
which makes evident a fact is the means by which it is established as true,
that is ,the means of proof. They include statements of witness in court,
statements in writing among others.
18.
Distinguish
between the following;
a)
Preappointed
and casual evidence
Preappointed
evidence means that procured in anticipation of its use, and it may apparently
include either that arranged privately
b)
Prima
facie and conclusive evidence
Prima
facie evidence, if it is itself accepted as reliable, establishes a fact in the
absence of contradictory evidence and it may discharge the burden of a party.
Conclusive evidence on the other hand is merely the description of a particular
proof.
c)
Direct
and circumstantial evidence.
Direct
evidence means evidence of a fact disputed in a litigation, for example,
evidence that the defendant’s car was on the wrong side of the highway at the
time of a road accident. Circumstantial
evidence means evidence of facts from which a disputed fact can be inferred.
19.
Distinguish
between an admission and a confession.
An
admission means that a person has conceded, expressly or impliedly, the truth
of an alleged fact whereas a confession is an admission made by a person
charged with a crime, stating or suggesting the inference that he committed the
crime.
20.
Illustrate
the meaning of corroboration.
It means
confirmation of one fact by another independent fact.
21.
What is
the rationale behind judicial notice.
Judicial
notice means the acceptance by a judicial tribunal of the truth of a fact
without proof on the ground that it is within the tribunal’s own knowledge. It
thus has the effect of limiting the scope of evidence.
22.
List
five instances where court may take judicial notice of matters.
a)
All Acts and ordinances enacted
b)
All orders of council laws, statutory instruments
or subsidiary legislation
c)
The territories of the commonwealth
d)
The course of proceeding of parliament.
e)
The existence title and national flag of every
state or sovereign recognized by parliament.
23.
Distinguish
between burden of proof and standard of proof.
Burden
of proof is an obligation to adduce evidence of a fact and it lies on whoever
desires any court to give judgment on the existence of facts which he asserts
whereas a standard of proof is based on the balance of probabilities in civil
cases and in criminal cases the accused must prove beyond reasonable doubt.
24.
What is
a leading question?
A
leading question actually suggests an answer or substitutes the words of the
questioning attorney for those of the witness. Many leading questions call for
answers of either "yes" or "no."
25.
What
constitutes the lay opinion rule in evidence?
Usually
witnesses are not permitted to express their opinions or draw conclusions, a
court will permit a person who is not testifying as an expert to testify in the
form of an opinion if the opinion is both rationally based on his perception
and helps to explain the witness's testimony.
26.
Under
what circumstances is hearsay evidence admissible?
a)
Dying declarations
b)
Statements made in the ordinary course of
business.
c)
Statements made against the maker’s interest.
d)
Public rights and private records.
e)
Pedigree declarations or family affairs.
27.
Show the
circumstances when court can admit opinion evidence
a)
Expert evidence-when a court has to form an
opinion upon a point of science or art.
b)
Opinions of ordinary witnesses
28.
What is
the purpose of a judge conducting a trial within a trial?
The
purpose of a trial within a trial is to decide upon the evidence of both sides
as to whether the confession should be admitted. Court cannot simply looking at
the statement conclude that it was made voluntarily. A statement that is made
voluntarily is one made absolutely free from inducement influence of whatever
nature.
29.
Mention
three circumstances where an attesting witness to a document need not be
called?
·
Wills, that is, where all formalities are
followed, the attesting witness need not be called
·
Where execution has been admitted for purposes of
the trial.
·
Where none of the witnesses is alive.
30.
What is
presumptive evidence with relation to oral testimony and admissions?
Contents
of a document may be proved presumptively especially where the original
document is lost. If one’s conduct implied that he was relying on the document
he will be presumed to have admitted it.
31.
What is
“a fact” in evidence
A fact
means and includes; anything, state of things, or relation of things, capable
of being perceived by the senses and any mental condition of which any person
is conscious.
32.
Write
short notes on the following;
a)
series
of similar occurrences.
b) inconsistent facts.
Section
10 of the evidence act provides that facts that are otherwise irrelevant are
relevant if; they are inconsistent with any fact in issue or relevant fact and
if they make the existence or non-existence of any fact in issue or relevant
fact highly probable or improbable.
33.
Distinguish
between repudiated and retracted confessions.
Repudiated Confession is one in which the
accused avers that he never made it while a retracted confession occurs when an
accused makes a statement which he later seeks to take back on ground that he
either made it out of mistake or did not do it voluntarily.
34 . What factors would affect the validity
of a confession?
a)
Induced confessions i.e due to fear or by force
b) Lies,
promises and threats.
c) False
confession especially expert testimony
d)
Interrogation.
35.
The general rule is that all ordinary witnesses are compellable to
testify on matters asked of them during proceedings. What are the exceptions to
this rule?
a) A spouse cannot testify against his/her
spouse i.e private privilege
b) Professionals enjoy the privilege not to
disclose any communication between them and their clients e.g doctors.
c)
Government secrets are protected from disclosure during court proceedings.
36. What do you understand by the term
“probatioviva”?
This is
oral evidence, defined as all statements required by court to be made before it
by witnesses in relation to matters of fact under inquiry.
37. write short notes on the following;
a) hostile
witnesses
A
hostile witness is a witness on the accused’s side but when giving evidence,
starts giving evidence against the accused and in favour of the prosecution.
b) Testimony
i)
A sworn testimony is a testimony given by a competent witness after taking an
oath.
ii) An un Sworn
testimony is one given by a competent witness without taking an oath.
38. explain the procedure of court with regard to
child witnesses.
a) To
determine the age and make a finding on the record.
b) To
determine whether the child understands the nature of an oath.
c) If
the court is satisfied then he can be sworn and affirmed.
d) The
court will then have to question the child further to find out if he
understands the duty of speaking the truth.
39.
What is
insufficient evidence?
This is
evidence that is so weak that no reasonable man could decide an issue in
reliance upon that evidence alone
40.
What is
the rationale of the parole evidence rule?
The
object of reducing oral terms into writing is to perpetuate the memory of what
is written down and also to provide permanent proof of which thus to effectuate
this principle, the document itself must be produced as evidence
41.
Give at
least five instances for rejecting hearsay?
·
The person who makes the statement cannot be
present to be cross-examined to establish the veracity of the statement. The
person who reports may do so carelessly or maliciously.
·
There is a likelihood of distortion of the
original statement. It may be twisted depending on the interests of the
witness.
·
There is lack of opportunity of judging the
powers of perception of the person who made the statement
·
It may not be possible to establish the meaning
of the words used because the third party may have used the words in a special
sense. The persons reporting may give a false meaning.
·
There is no opportunity to judge the demeanor of
the person who made the original statement. You cannot judge the tone of the
voice used, looks on the face of the person
42.
Illustrate the meaning of motive and how it’s
established?
a)
It is what influences a person to act in a
particular way, which may constitute a fear or desire to bring about a
particular activity.
b)
It is a mental state derived from circumstances
and relationships, and may be established from one’s words or demeanor.
43.
Briefly explain how the chain of evidence
operates.
The
various pieces of evidence which make up the chain are literally strung
together into a sequence of events or pieces of puzzle. A weakness in any
particular link in the chain will not support the case or defense.
44.
What
factors have been put into consideration to avoid the dangers of such testimony
by a single witness?
a)
Presence and nature of light.
b)
Length of time
c)
Opportunity the witness had to see the accused.
d)
Distance between them.
45.
What do you understand by the term relevance
and admissibility of evidence?
This
refers to the kind of evidence relevant to prove a particular fact. However not
everything relevant is admissible yet for something to be admissible it must be
relevant.
46.
There
are 3 exceptions which enable court to establish facts by special means. State
them.
a)
Formal admissions are made with deliberate
purpose of dispensing with proof, but informal admissions are usually the
subject of proof.
b)
Court may take judicial notice of fact.
c)
In case of presumptions and thus substitute for
evidence.
47.
If a
judge relied on the evidence of a child of twelve years to convict an accused
of murder and did not warn himself of the need to corroborate the child’s
evidence would this be admissible as evidence?
Unsworn
evidence of children of tender years must be corroborated as a matter of law
but in practice all evidence of children of tender years whether sworn or
unsworn would require corroboration and courts have held that even when there
is sworn evidence there is need for corroboration.
48.
. What is the rationale behind the relevance
of similar facts in the law of evidence?
The rule
proceeds on a belief that persons do not easily change their habits and that if
they have done similar acts in the past, they are likely to repeat them.
49.
List down the relevant forms of admissions
a)
By way of affidavits
b)
Answers to interrogatories
c)
Declaration in wills
50.
The
legal burden never shifts except where presumptions operate. Justify the legal
efficacy of the general rule?
A legal burden may be placed on the accused in
relation to a specific defence raised, this is the new legal burden requiring
the defendant to prove on the balance of probabilities.
51. Distinguish between
Competence and Compellability of Witnesses
Competence refers to
the capacity of a person to give evidence while compellability refers to
whether a particular person can be subjected to the compulsory processes of
court
52. Are the following
categories of witnesses competent to testify in court?
a)
A deaf-mute:
Yes. They may give
their evidence in any other manner in which they can make it intelligible as by
writing or signs in open court. It is deemed oral evidence (Hamisi s/o Balum
vs. R)
b) The Accused Party:
He is a competent witness for himself but not compellable to give evidence at his
trial.
c) Accomplices:
An accomplice is a
competent witness as against an accused person.
d) Spouses:
A spouse is a competent
and compellable witness for the defence of his/her spouse, whether they are
charged jointly with others. S.120, Evidence Act
e) Children
A child is not a
competent witness if by reason of his or her age, the child cannot understand
the questions put to him or her.
53. What do you
understand by the term voire dire?
A voire dire is a preliminary examination of prospective
witnesses under oath to determine their competence or suitability to testify in
court.
54. What do you understand
by the term Privilege with regard to witnesses?
Privilege refers to immunity from compellability to
testify in a proceeding.
55. What are the
different categories of privilege?
a) Private Privilege:
This
is enjoyed by private persons by virtue of their personal status (e.g. husband
and wife cannot be compelled to testify about communications made during the
subsistence of their marriage, even after separation.)
b) Professional
Privilege
This is immunity granted to professionals from compellability
to disclose communications made between them and their clients (e.g. A doctor
and information about his patients)
c) Public Privilege
This protects government from disclosure during court
proceedings. It deals with diplomatic and presidential Immunity. S. 122-123
Evidence Act
56.What do you
understand by the term Burden of Proof?
·
It is the obligation to prove facts
(i.e. evidential or provisional burden)
·
It is also the duty to prove a case
(i.e. legal burden) *note that this does not shift and is always on the
plaintiff.
57. How is it different
from “standard of proof”?
While the burden of proof is the obligation to prove
facts or a case, the standard of proof is the degree to which one must aspire
to prove said facts or case once the burden has been so imposed.
58. Distinguish between
the Standard of Proof in Civil cases and that in Criminal Cases
In civil cases, the standard is to prove the case on the
balance of probabilities/ preponderance of doubt while in criminal cases the
standard is to prove the case beyond reasonable doubt.
59. What is
Corroborative Evidence?
Corroborative evidence is evidence which tends to support
or confirm other evidence already given in court.
60. What are the key
elements regarding corroborative evidence?
·
It has to be from an independent source
-R vs. Bakersville
·
It should connect the accused to the
commission of the offence
·
It needn’t corroborate the whole story –
R vs. Manilal
61. When is
corroboration necessary?
·
As a matter of law, i.e. where there is
a statutory requirement
·
As a matter of judicial practice
62. When is
corroboration necessary as a matter of law?
·
Under the Penal Code Act (e.g. for the
offences of Treason, Sedition, Perjury, Procuring defilement
·
Under the Children’s Act
·
Under the Traffic and Road Safety Act
63. When is
corroboration necessary as a matter of judicial practice?
For the following
categories of evidence
·
Accomplice Evidence- R vs. Bakersville
·
Evidence of the victim in Sexual
Offences- Chila vs. R
·
Dying Declarations
·
Retracted and Repudiated Confessions-
Turwamoi vs. Uganda
·
Identification of a single witness
·
Evidence of a child of tender years
64. Distinguish between
Attested and Unattested documents
Attested documents are documents which signing or
execution must be witnessed by any other person than the person(s) who signed
them for them to be valid while an unattested document is a document not
required by law to be witnessed in order to be valid.
65. What is the Best
Evidence Rule?
The rule states that the Best evidence which the nature
of the case permits must be given.
For instance where the
original document is available, it must be produced.
66. When may secondary
evidence be given to prove the contents of a document?
·
Where the document is in the hands of
the adversary who refuses to produce it on notice
·
Where the original is in the possession
of a person out of reach
·
Where the original is in the hands of a
person legally bound to produce it but does not do so after being given notice.
67. What do you understand by the
following categories of evidence?
a) Admissions and confessions
These are instances where a person’s
own words or statements may be adduced in evidence against him or her. However
these modes of evidence should not be induced or influenced in any ways.
a) Evidence of opinions
It is a type of evidence that is got
or obtained from one’s way of observation. An example can be expert opinion
like a doctor called to give evidence about a postmortem in a murder case.
b) Character evidence
This refers to a general
disposition, reputation or behavior or conduct held by a cross-section of the
public
c) Hearsay evidence
This is a kind of evidence is one
that is looked at for the purpose of establishing its truthfulness the person
who was told by another is being examined
d) Documentary evidence
This deals with all documents which
are produced for the inspection of the court. It can either be primary which
engages original documents or secondary where copies of the original documents
are used as evidence.
68. What do the following
terminologies mean?
a. Document
This refers to any matter expressed
or described upon any substance by means of letters, figures, and marks or by
more than those means, intended to be used or actually used for the purpose of
recording the matter.
b. Fact
Anything, state of things or
relation of thins capable of being perceived by the senses
It may also be any mental condition
of which any person is conscious ie both physical and non physical
c. Fact in issue
This refers to any fact which, either
by itself or in connection with other facts, the existence, non existence
nature or extent of any right liability or disability asserted oir denied in
any suit or proceeding necessarily follows
d. Prima-facie evidence
This refers to evidence which establishes
a fact and that fact will be presumed to exist unless there is contrary
evidence.
e. Conclusive evidence
This is evidence if adduced, cannot
be contradicted ie it is not enough to lead to a finding in a particular
direction
d. Real evidence
This refers to evidence of a
material nature which can be seen, touched, smelt or felt.
e. Direct evidence
It means evidence of that person who
saw, felt or heard the fact in issue. It also means the assertion of a witness
about a fact of which he or she has direct knowledge offered as evidence of the
truth of what is asserted.
f.
Circumstantial evidence
It means any fact or fact relevant
to the issue from which the existence of fact in issue may be inferred.
69. What do you
understand by the term Estoppel?
It is a primary rule of evidence whereby a party to
litigation is prevented from denying something whish he had previously asserted
to be true. – Nurdin Bandali vs. Lombark
70. List any two
characteristics of estoppel?
- It
must be reciprocal and mutual (i.e. bind both parties to litigation)
- It
must be certain
- It
cannot be used to circumvent the law
- Conflicting
estoppels cancel each other
- Estoppel
is NOT a cause of action (shield and not a sword)
- Estoppel
arises only as a matter of fact, not law.
71. What are the three
recognized categories of estoppel?
- Estoppel
by conduct (includes estoppel by representation* and estoppel by
negligence*)
- Estoppel
by deed
- Estoppel
by judgement or record
72. Define judicial
notice
This is the process by which courts take cognizance of
matters which are so notorious or clearly established that formal evidence of
their existence is unnecessary.
It is essentially an exception to the rule that all facts
in issue must be proved by evidence.
73. What matters may
court take judicial notice of?
·
Matters of a public or universal nature
which are so well known that courts will not require formal proof thereof
·
Matters of common notoriety
*There are three broad
categories,
·
legal matters
·
constitutional matters
·
customary matters
74. Under the doctrine
of judicial notice, Court CAN take into account any personal knowledge of
private matters- true or false?
False
75. Explain the Parole
Evidence Rule
This is a rule that excludes oral evidence by documentary
evidence.
*For better comprehension;
(Where
the terms of any disposition have been reduced to a form of document and in all
cases in which a matter is required to be in the form of a document, no
evidence shall be given in proof of the terms of such contract except the
document itself.)- s.91, Evidence Act
76. Are documents
exclusively restricted to words or pictures on paper?
No. in modern law of Evidence even signposts, tombstones,
video and audio recordings are regarded as documents- Salau Dean vs. R.
77. What do you understand
by a presumption in Evidence Law?
A presumption is the assumption of
truth of a fact. It is a conclusion which must be drawn until the contrary is
proved.
78. What are the
categories of presumptions?
·
Presumption of fact
·
Irrebuttable presumption of law
·
Rebuttable presumption of law
79. List any three
rebuttable presumptions of law
·
Presumption on favour of the continuance
of life- S.107. Evidence Act
·
Presumption of death- S.108
·
Presumption of Continuance of Human
Affairs once they are shown to exist- S.109
·
Presumption that possession of property
is evidence of ownership- S.110
·
Presumption of legitimacy- S.112
80. Define Irrebuttable
presumptions of law
These refer to rules of substantive law or procedure
expressed in presumptive form, for example under s.14 of the Penal Code Act
where it is conclusively presumed that no child under seven years can be guilty
of any criminal offence.
81. How do the above
differ from rebuttable presumptions of law?
With Rebuttable presumptions of law the conclusion as to
the existence of the presumed fact is only drawn in the absence of evidence to
the contrary while under irrebuttable presumptions, once the basic fact is
established, that is legal proof of its existence.
In brief-
Irrebuttable: Establishment= Existence
Rebuttable: Establishment + Absence of evidence to the
contrary = Existence :-)
82. Which one of these
is not part of the process of examining witnesses?
1.
Examination-in-Chief
2.
Cross Examination
- 3.
Examination-in-Review
4. Re-examination
83. Name two types of
questions that court cannot allow counsel to ask a witness
- Indecent/scandalous
questions- s. 150 Evidence Act
- Questions
intended to Insult or annoy- s. 151
84. What is meant by
‘judgement in rem’?
This is a judgement which affects a thing, or decides the status of a thing.
Examples include bankruptcy orders. Such a judgment operates universally as the
rational is that the legal status of things should be left in no doubt.
85. Is it identical to
judgement in personam? If so, proceed, if not, explain why.
It is NOT.
Judgements
in personam are between parties and include personal actions, for instance
under contract, tort.
*The
difference;
Judgements
in personam are binding on only the persons involved and the subject matter of
the action, unlike those in rem which are universally binding.
Secondly,
the estoppel that arises from a judgement in rem is applied for or against the
whole world while that from judgements in personam applies ONLY to parties
involved in the suit.
Answer the next six
questions by writing whether the statement is true or false.
86. Where corroboration is required by statute, courts will not convict in
absence of such corroboration
True
87. An accomplice is a
disinterested party whose testimony should be taken as pure truth and court
should convict on the testimony without further inquiry.
False
88. Oral Evidence takes
precedence over documentary evidence and CAN alter the contents of a written
document
False
89. Before one uses the
shield of estoppel by negligence, one must prove the existence of a duty of
care owed to him or her by the other party.
True
90. Opinion Evidence
may be given by anybody alive who has an opinion on the matter in court.
False
91. The order of
examination is up to the witness and he can in fact opt to be cross-examined
first, then re-examined and end with the examination-in-chief.
False (ref s. 137 Evidence Act)
92. What is a leading
question?
This is any question suggesting the answer which the
person putting it wishes or expects to receive. – s. 140
93. Can leading
questions be asked?
Leading questions can
be asked ONLY during the cross-examination s. 142
To ask a leading
question during the Examination-in-chief or Re-examination, court permission
must be granted first.
94. Who is a hostile
witness?
A hostile witness is a witness in a trial who testifies
for the opposing party or a witness who offers adverse testimony to the calling
party.
95. What is the
rationale for courts requiring corroboration for evidence given by a child?
Children can easily be coached or fooled. They are
impressionable and susceptible.
96. What does one do to
prove the contents of a document that has been destroyed or lost?
One may produce secondary evidence after proving that a diligent
search was conducted and the document not found.
97.
The general rule regarding character evidence is that such evidence is
inadmissible. However there are
exceptions. List the various exceptions.
- Where the
accused person or his /her agent puts his /her character in issue.
- Where there
is evidence of committal and conviction of the accused for a previous
similar offence.
- Where the
nature or conduct of the accused’s defence is such as to involve
imputations on the character of the complainant or the witnesses of the
prosecution.
- Where
he/she has given evidence against any other person charged with the
offence as that which he/she is charged.
98.
What are the modes of procuring evidence?
·
Testimony of witnesses (oral evidence)
·
Using exhibits
·
Documentary evidence
·
Expert opinions
99. What are the
particular aspects of res gestae?
·
Facts
forming the same transaction.
·
Facts
which are the occasion, cause or effect of facts in issue S.6 UEA
·
Motive
preparation and conduct S.7 UEA
100. What do you understand
by the following?
a) Res gestae
It is the term
that connotes Acts, declarations and circumstances constituting, accompanying
or explaining a fact of transaction in issue.
b)
Factum probendum
Factum probendum
means the principle of fact or fact in issue, for instance in murder it means
death.
c)
Factum probans?
It means those
other factors with evidential value that may help to explain the principle
fact.
KEITH BUSINGYE LAW
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