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Week two LAW OF EVIDENCE CSS 405
CONTINUATION OF WEEK 1
But by virtue of Section 256 (2) and (3) of the Evidence Act 2011 such courts or
proceedings excluded from the application of the law of evidence as above mentioned
are mandated to apply the rule of the law of evidence while sitting over criminal cases.
Section 256 (2) and 11 (3) of the Evidence Act 2011 provides as follows: (2) In judicial
proceeding in any criminal cause or matter, in or before an Area Court. the court shall
be guided by the provisions of this Act and in accordance with the provisions of the
Criminal Procedure Code Law. (3) Notwithstanding anything in this section, an Area
Court shall, in judicial proceeding in any criminal cause or matter be bound by the
provisions or sections 134 to 140. The Evidence Act of Nigeria provides for the
procedures in conducting trials in the Nigerian courts
WEEK TWO
RELEVANT CONCEPTS IN THE LAW OF EVIDENCE
PRINCIPLE OF RIGHTS AND DUTIES
In any given society is to be able to create an atmosphere by which the right and duties
of an individual can be well established, thus providing for the protection of such rights
and ensuring that such a person whose rights are protected will also perform is own part
of the bargain by living up to his expectation in the society and this is the duty he ought
to perform. Professor John Henry Wigmore which provided the base upon which rights
and duties can be established. He postulated the five stages or processes of asserting
rights and duties and these are listed as follows: 1. The procurement of parties’
appearance before the court; 2. The ascertainment of the subject of the dispute, that is
pleadings; 3. The attempt at demonstration by parties of the respective positions, that is,
the trial: 4. The determination of the dispute, namely, verdict or judgement 5.
Enforcement. The trial has revealed in the 3
rd
stage is where the Claimant or Plaintiff is
saddled with a two-fold responsibility which are; the demonstration of the existence of
rights of the Claimant or Plaintiff and establishes the liability of the Defendant in relation
to his rights being claimed. It is therefore the process by which the Claimant and the
Defendant assert and refute claims that brings about the establishment of the existence
of fact and legal right attached to it and this therefore give rise to two important
concepts under the law of evidence which are “Fact” and “Law”
FACT AND LAW
Black’s Law Dictionary defines fact to be a thing done; an action performed or an
incident transpiring; an event or circumstance; an actual occurrence; an actual
happening in time space or an event mental or physical; that which has taken place.
The Evidence Act 2011 under Section 258 (1) paragraph 9 defines Fact to include (a)
Anything, state of things, or relation of things capable of being perceived by the senses;
and (b) Any mental condition of which any person is conscious.
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Best subdivides fact into three types and these include: a) Physical or psychological
facts b) Events or state of things c) Positive/affirmative and negative facts
Physical facts are those that are visible to the eye whether animate or inanimate being
while Psychological facts are those which are embedded only in animate being, such as
the one that exist in the mind of an individual e.g. the ability to feel, recollect and be
conscious of happenings (b, Event or State of Things: This is the occurrence of events
or happenings, it has been said that this is called ‘’an act’’ or ‘’an action’’ (C,
Positive/Affirmative And Negative Facts: This class has been explained by W.M. Best
who said the existence of certain state of things is a positive or affirmative fact while its
non-existence is a negative fact. Fact under the evidence act are divided into four, Facts
in Issue, Proved facts, Disproved Facts and facts not proved.
The Law in relation to Fact
Both Law and facts are needed in order to be successful in any suit and must not be
mixed together in order to get to a logical conclusion in a given case.
Facts are based on the event of things while law is based on the principle laid down.
Facts are the events of things to be proved upon which the rule of law is applied. Law is
conceived while fact is actual. Law is a rule of duty while fact is that which has been
according to or in contravention of the rule of law.
Essence of the Rule of Evidence
Evidence Rules is the rules which govern the admissibility of evidence at hearings and
trials. However, the rule of evidence was formed to arrest certain problems that relates
to presentation of facts before the court. The problem is four in number; Who is
saddled with the burden of proving facts? The party who claims or assert must of
importance be the person to discharge the burden of proof except in certain situations
where the burden of proof shifts to the other party like in the case of the sanity of a
person. For example, where someone alleges that another person is insane, it is this
person that is referred to as insane who must discharge the burden of proving his
sanity. What facts may be proved? These facts are those material to the sustenance
of a case. They are the material facts which, if not established, will make the party who
ought to depend on it fail (check Section 122 (4 of the Evidence Act 2011
What facts ought to be jettisoned from court’s proceedings? Not all facts are
relevant to the suit and these facts are the ones that must be excluded from any given
evidence by a competent court. It is only the establishment of facts in issue or relevant
to the facts in issue that must be used to substantiate a matter in law as they are the
only admissible facts.
What is the acceptable mode of proof? This mode is validly projected for by the rule
of evidence. The rule of evidence establishes the medium of presenting evidence in
court and these include; oral testimony, real evidence, documentary evidence and
electronic evidence.

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Week two LAW OF EVIDENCE CSS 405 CONTINUATION OF WEEK 1 But by virtue of Section 256 (2) and (3) of the Evidence Act 2011 such courts or proceedings excluded from the application of the law of evidence as above mentioned are mandated to apply the rule of the law of evidence while sitting over criminal cases. Section 256 (2) and 11 (3) of the Evidence Act 2011 provides as follows: (2) In judicial proceeding in any criminal cause or matter, in or before an Area Court. the court shall be guided by the provisions of this Act and in accordance with the provisions of the Criminal Procedure Code Law. (3) Notwithstanding anything in this section, an Area Court shall, in judicial proceeding in any criminal cause or matter be bound by the provisions or sections 134 to 140. The Evidence Act of Nigeria provides for the procedures in conducting trials in the Nigerian courts WEEK TWO RELEVANT CONCEPTS IN THE LAW OF EVIDENCE PRINCIPLE OF RIGHTS AND DUTIES In any given society is to be able to create an atmosphere by which the right and duties of an individual can be well established, thus providing for the protection of such rights and ensuring that such a person whose rights are protected will also perform is own part of the bargain by living up to his expectation in the society and this is the duty he ought to perform. Professor John Henry Wigmore which provided the base upon which rights and duties can be established. He postulated the five stages or processes of asserting rights and duties and these are listed as follows: 1. The procurement of parties’ appearance before the court; 2. The ascertainment of the subject of the dispute, that is pleadings; 3. The attempt at demonstration by parties of the respective positions, that is, the trial: 4. The determination of the dispute, namely, verdict or judgement 5. Enforcement. The trial has revealed in the 3rd stage is where the Claimant or Plaintiff is saddled with a two-fold responsibility which are; the demonstration of the existence of rights of the Claimant or Plaintiff and establishes the liability of the Defendant in relation to his rights being claimed. It is therefore the process by which the Claimant and the Defendant assert and refute claims that brings about the establishment of the existence of fact and legal right attached to it and this therefore give rise to two important concepts under the law of evidence which are “Fact” and “Law” FACT AND LAW Black’s Law Dictionary defines fact to be a thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence; an actual happening in time space or an event mental or physical; that which has taken place. The Evidence Act 2011 under Section 258 (1) paragraph 9 defines Fact to include (a) Anything, state of things, or relation of things capable of being perceived by the senses; and (b) Any mental condition of which any person is conscious. Best subdivides fact into three types and these include: a) Physical or psychological facts b) Events or state of things c) Positive/affirmative and negative facts Physical facts are those that are visible to the eye whether animate or inanimate being while Psychological facts are those which are embedded only in animate being, such as the one that exist in the mind of an individual e.g. the ability to feel, recollect and be conscious of happenings (b, Event or State of Things: This is the occurrence of events or happenings, it has been said that this is called ‘’an act’’ or ‘’an action’’ (C, Positive/Affirmative And Negative Facts: This class has been explained by W.M. Best who said the existence of certain state of things is a positive or affirmative fact while its non-existence is a negative fact. Fact under the evidence act are divided into four, Facts in Issue, Proved facts, Disproved Facts and facts not proved. The Law in relation to Fact Both Law and facts are needed in order to be successful in any suit and must not be mixed together in order to get to a logical conclusion in a given case. Facts are based on the event of things while law is based on the principle laid down. Facts are the events of things to be proved upon which the rule of law is applied. Law is conceived while fact is actual. Law is a rule of duty while fact is that which has been according to or in contravention of the rule of law. Essence of the Rule of Evidence Evidence Rules is the rules which govern the admissibility of evidence at hearings and trials. However, the rule of evidence was formed to arrest certain problems that relates to presentation of facts before the court. The problem is four in number; Who is saddled with the burden of proving facts? The party who claims or assert must of importance be the person to discharge the burden of proof except in certain situations where the burden of proof shifts to the other party like in the case of the sanity of a person. For example, where someone alleges that another person is insane, it is this person that is referred to as insane who must discharge the burden of proving his sanity. What facts may be proved? These facts are those material to the sustenance of a case. They are the material facts which, if not established, will make the party who ought to depend on it fail (check Section 122 (4 of the Evidence Act 2011 What facts ought to be jettisoned from court’s proceedings? Not all facts are relevant to the suit and these facts are the ones that must be excluded from any given evidence by a competent court. It is only the establishment of facts in issue or relevant to the facts in issue that must be used to substantiate a matter in law as they are the only admissible facts. What is the acceptable mode of proof? This mode is validly projected for by the rule of evidence. The rule of evidence establishes the medium of presenting evidence in court and these include; oral testimony, real evidence, documentary evidence and electronic evidence. Name: Description: ...
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