Search results
A judge may believe all, some, or none of a witness's testimony. Whatever is accepted may be allocated different weight to each piece of evidence. Given that witnesses are not presumed to tell the truth, the trial judge has no obligation to accept any uncontradicted evidence given by the witness.
One legal sociologist tells us of a major divide between adjudicatory forms that are ‘fact-oriented’ and those that belong to the ‘play genres’; the first engage ‘processes that “examine evidence” and seek to determine “facts”’ whereas the second ‘pursue some symbolic, expressive, or nonrational mode of determining outcome’. 10 A well-known example of the latter, much ...
Feb 17, 2022 · For example, a fact-finder who decides, after having heard all the evidence, that Luca, an Italian citizen, is not catholic, does not contradict (reliable) statistical data, according to which 99% of Italian citizens are catholic. 103 Similarly, the jury who despite unchallenged expert evidence on e.g. the existence of a mental disorder convict for murder (as opposed to voluntary manslaughter ...
Oct 1, 2009 · RULES OF EVIDENCE Evidence – the means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Relevant evidence – evidence which has a relation to the fact in issue as to induce belief in its existence or non-existence; evidence which tends in any reasonable degree to establish…
presented to the fact-finder second-hand, as when the hearsay witness appears more likeable or trustworthy than the original declarant. However, the hearsay rule ensures that the fact-finder is not at the whim of the adversary in this respect: as discussed above, the declarant must come to court so that the evidence can be subjected to
When the requisite quantum of evidence of a particular fact has been duly admitted and given weight, the result is called the proof of such fact. Relevant Evidence - evidence having any value in reason as tending to prove any matter provable in an action. The test is the logical relation of the evidentiary fact to the fact in issue, whether the ...
People also ask
Can a Fact-Finder use evidence in a different way?
Who can make findings of fact?
What if a fact-finder is unable to follow the law?
Is evidence before a judge a fact?
Why does a fact-finder have a conflict with the law?
What are the rules of evidence?
Introduction. The capacity of any adjudicative body to deliver a comprehensive and durable resolution to a case relies not only on that body’s ability to know and understand the relevant principles of law, but also on its capacity to ground the application of those principles on a reasonable and reliable account of the factual situation giving rise to the case.
