Evidence and Procedural Law
Core concepts
Understand relevance, admissibility, and weight. Study burdens and standards of proof, presumptions, and circumstantial evidence. Learn the rules on character evidence, similar facts, hearsay and its exceptions, confessions, and illegally obtained evidence. Cover witness competence and compulsion, expert evidence, privilege, and the examination of witnesses. Procedure includes pleadings, jurisdiction, limitation, and appeals.
Traps
Questions confuse burden of proof with burden of adducing evidence. Hearsay is an out-of-court assertion offered for its truth; it is not automatically inadmissible where exceptions apply. Character evidence is generally excluded but may be admitted where relevant. Confessions must be voluntary. Privilege differs from compellability.
Worked example
A witness testifies that a third party said the accused was at the scene. If offered to prove the accused was there, it is hearsay; if offered merely to show the third party knew the fact, it is not. Identify the purpose of the evidence before ruling on admissibility.
Rule of thumb
Ask: what fact is this evidence offered to prove? Then test relevance, admissibility, and weight in that order.