Facts and types of Evidence

There are several main types of fact. Facts in issue are those that are needed to establish something. For example breach of contract or the offence of theft. Collateral facts are those that effect credibility, for example, does the witness have a reputation for lying or bad eyesight. Preliminary facts (a type of collateral fact) are those that have to be proved as a condition to admissibility, for example evidence that the accused my have suffered oppression whilst in custody making his confession in danger of being unsafe. Finally direct evidence is that which directly establishes any fact in issue, for example, a witness giving testimony that they owned the car in question.

The fact that it is formally admitted then seeks to be an issue. In civil cases the fact may be admitted in a number of ways, for example, an express admission, by giving notice in writing in a statement of ace, by failing to deal with the fact in a defence or in response to a request to give additional information. In criminal cases, any admission may be made in court, or outside of court, in which case it must be made in writing

There are many different classes of evidence. Hearsay is an out of court statement that is tendered as evidence of the truth of the facts that it contains. For example, John told me that the man running away from the scene of the crime was wearing a green jacket. Original evidence is any out of court statement for a relevant purpose other than for providing the truth of the facts that are contained within it, for example to prove the intent or state of mind of the maker. For example Peter called me and threatened to put a bomb in my car - the evidence does not go to show that there was a bomb, only that Peter had the intent of placing one there. Circumstantial evidence is evidence that is purely based on circumstance, so the placing at the scene of the crime, fingerprint evidence and facts that go to show a motive. Real evidence is that which is a material object, for example, a bottle or knife.

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