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The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision.
The Evidence (Proceedings in other Jurisdictions) Act 1975 (c. 34) is an act of the Parliament of the United Kingdom, the long title of which is "An Act to make new provision for enabling the High Court, the Court of Session and the High Court of Justice in Northern Ireland to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions; to extend the powers of ...
The court felt that it was significant that UK law had long incorporated safeguards against untested, hearsay evidence and this had ensured that the rights encompassed by article 6(3)(d) had long been protected by English law. [28] The system in the UK was compared to that of France at the time of the convention's creation.
The law concerning hearsay in civil proceedings was reformed substantially by the Civil Evidence Act 1995 [12] ("the 1995 Act") and is now primarily upon a statutory footing. The Act arose from a report of the Law Commission published in 1993 [ 13 ] which criticised the previous reforming statutes' excessive caution and cumbersome procedures.
Defendants giving evidence in court became commonplace to such an extent that by 1957, it was actually a shock when a defendant did not give evidence. When, during his trial for murder, Dr John Bodkin Adams decided, on the advice of his lawyer, not to give evidence, the prosecution, the gallery and even the judge, Baron Devlin, were surprised. [1]
Strict rules of evidence is a term sometimes used in and about Anglophone common law.The term is not always seen as belonging to technical legal terminology; legislation seldom if ever names a set of laws with the term "strict rules of evidence"; and the term's precise application varies from one legal context to another.
The best evidence rule is only applied in situations where a party attempts to substantiate a non-original document submitted as evidence during a trial. [7] Admissibility of documents before state court systems may vary. In Australia, the rule was effectively abolished with the 1995 enactment of the Uniform Evidence Law. [8]
(Even though Scotland became part of the UK over 300 years ago, Scots law has remained remarkably distinct from English law). The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions, as in Donoghue v Stevenson, a Scots case that forms the basis of the UK's law of ...