CFF22 PRINCIPLES OF LAW OF EVIDENCE AND TRIAL PROCESS

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Principles of Law of Evidence and Trial Process: Ensuring Fair and Just Proceedings

In any legal system, the principles of law of evidence and trial process play a critical role in ensuring fair and just proceedings. These principles govern the admissibility of evidence, the conduct of trials, and the rules that guide the search for truth. In this article, we will explore the key principles of the law of evidence and trial process and their significance in upholding justice.

1. Admissibility of Evidence: Determining Relevance and Reliability

Relevance of Evidence: Materiality and Probative Value

One of the primary principles of the law of evidence is the requirement that evidence must be relevant to the issues in dispute. Relevant evidence has a logical connection to the facts in question and has the potential to prove or disprove a fact of consequence.

Courts assess the materiality and probative value of evidence to determine its relevance.

Hearsay Rule: Evaluating the Reliability of Statements

The hearsay rule is another crucial principle in the law of evidence. It generally excludes out-of-court statements offered for the truth of the matter asserted, as they are considered less reliable than firsthand testimony.

However, there are exceptions to the hearsay rule, such as statements made under certain circumstances or statements offered to prove a non-hearsay purpose. The admissibility of hearsay evidence depends on factors like reliability, necessity, and the presence of exceptions recognized by the law.

2. Presumption of Innocence and Burden of Proof**

Presumption of Innocence: Protecting the Accused

The principle of the presumption of innocence is a fundamental tenet of criminal law. It presumes that an accused person is innocent until proven guilty beyond a reasonable doubt. This places the burden on the prosecution to present sufficient evidence to establish guilt.

 

Burden of Proof: Establishing the Case

The burden of proof is the obligation to establish a certain degree of certainty in a case. In criminal trials, the prosecution has the burden to prove the guilt of the accused beyond a reasonable doubt. In civil cases, the burden of proof is usually on the party making the claim, and the standard of proof is typically a preponderance of the evidence.

The burden of proof requires the party presenting the case to produce evidence that supports their claims. Failure to meet the burden of proof may result in the case being decided in favor of the opposing party.

3. Due Process and Fair Trial Rights

Rules of Procedure: Ensuring Order and Fairness

The trial process is governed by rules of procedure that provide a framework for conducting trials and ensure fairness and efficiency. These rules establish guidelines for presenting evidence, examining witnesses, making objections, and delivering arguments.

Procedural rules promote orderly proceedings and help maintain the balance between the rights of the parties and the court's duty to administer justice.

 

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Course Content

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  • COURSE OUTLINE
    00:00

1. Basic principles of evidence
1.1 What is evidence 1.2 Information versus evidence 1.3 Principles of evidence - relevance, reliability and admissibility 1.4 Types of evidence - direct and circumstantial evidence 1.5 Forms of evidence - testimonial, real and demonstrative evidence 1.6 Exculpatory and inculpatory evidence 1.7 Character and hearsay evidence

2. Burden and Standard of Proof
2.1 Burden and Standard of proof in criminal cases 2.2 Burden and Standard of proof in civil cases 2.3 Exceptions in the burden and standards of proof

3. Criminal Trial Process for Fraud and Corruption Cases
3.1 What is a criminal offence 3.2 Introduction to criminal law 3.3 Parties involved in a criminal trial 3.4 The rights of criminal suspect and defendant 3.5 The charging process and charging documents 3.6 Joinder of Counts and Joinder of Persons 3.7 Framing of charges 3.8 Defective charges 3.9 Amendment of charges 3.10 Discovery of evidence - adversarial and inquisitorial 3.11 Disclosure of evidence 3.12 Evidentiary legal privileges and protection 3.13 Prosecutorial bargaining agreements 3.14 Trial phases - Pre-trail and Trial 3.15 Fraud case/Criminal defenses 3.16 Sentencing 3.17 Appeal 3.18 Corporate criminal liability 3.19 Corporate deferred prosecution agreement

4. Civil Trial Process for Fraud and Corruption Case
4.1 What is a civil wrong 4.2 Civil procedure 4.3 Trial phases 4.4 Parties in a civil proceeding 4.5 Preservation of evidence 4.6 Discovery of evidence by the parties to the litigation 4.7 Disclosure of evidence 4.8 Civil appeals 4.9 Civil legal remedies

5. Presentation of Evidence in a Court of Law
5.1 Parties involved in court proceedings 5.2 Qualification for testifying as an expert witness 5.3 Characteristics and skills of an expert witness 5.4 Examination in chief (Direct examination) 5.5 Cross examination 5.6 Re examination

6. ALTERNATIVE DISPUTE RESOLUTION FOR RECOVERY OF FRAUD LOSSES
6.1 Mediation 6.2 Arbitration 6.3 Fidelity insurance

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