Law of evidence

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Mind Map on Law of evidence, created by oyebadeadepegba on 28/04/2016.
oyebadeadepegba
Mind Map by oyebadeadepegba, updated more than 1 year ago
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Created by oyebadeadepegba almost 8 years ago
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Law of evidence
  1. Definitions of evidence
    1. Ordinary sense
      1. ''that which makes apparent the truth of a matter in question''
      2. Legal Sense
        1. Case definition
          1. ''specie of proof or probative matter legally presented at the trial of any issue by parties and through the medium of witnesses,record,documents,exhibits,concrete objects etc for the purpose of inducing belief in the mind of the court or jury as to their contentions
            1. Per Salauwa JCA ONYA V OGBUJI
              1. KOLO V LAWAN (any type)
          2. Authority Definition
            1. PHIPSON
              1. Testimony whether oral documntary or real which may be legally received in order to prove or disprove some fact in dispute
                1. the content of that testimony
                2. COCKLE
                  1. Term evidence in law called judicial evidence is same with common meaning
                  2. MICHAEL HIRST
                    1. Cockle's ascertion is wrong the law of evidence is broader as it concerns the law,therules,practice and procedure that regulate the means of proving facts or adducing evidence before a court of law
              2. SIDE FACTS
                1. Evidence can either be oral,documentary: EKANEM-ITA V FETUGA
                2. CLASSIFICATION OF EVIDENCE
                  1. Primary evidence
                    1. highest type of evidence,affords certainty to matter in question
                      1. orIginal document / admission of contents by party whom it is brought against :JACOBS V AG AKWA-IBOM
                    2. Secondary Evidence
                      1. Lord Esher in LUCAS V WILLIAMS ''evidence given in absence of that better evidence
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