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For example, the Evidence Act sets out the principles of evidence that apply to civil and family cases being heard in the BC Supreme Court. Case law is the decisions made by other judges. The judge in your case will apply the laws of evidence, in part, according to earlier decisions. Applying the law from previous court decisions is called ...
- How Do Civil Cases Work?
- What Happens at A Civil Trial?
- How A Trial Ends
A civil action or suit starts when individuals or corporations disagree on a legal matter, such as the terms of a contract or the ownership of a piece of property. A civil suit can also result if someone is injured or property is damaged. For example, someone who breaks a leg when he or she slips on an icy stairwell may sue for compensation. The pe...
The trial begins with the plaintiff presenting evidence against the defendant. The plaintiff may call witnesses to testify to facts and present evidence: papers, photographs or other documents. The defendant may cross-examine the plaintiff's witnesses to test their evidence. The defendant then presents his or her own evidence, including witnesses. ...
If the defendant is found not liable, the judge will dismiss the case. If the defendant is found liable, the judge or jury must consider three things: 1. the remedythat the plaintiff asked for in the pleadings; 2. the facts; and 3. how to compensate the plaintiff.
The evidence must address a fact in issue in the case, i.e. the fact must have legal significance arising from the pleadings or indictment, or the credibility of the witness.8 3. Does the evidence fall under any legal rule that excludes it? Some of the different legal rules for excluding evidence will be laid out below in this paper e.g. hearsay.
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Oct 12, 2020 · Let’s go to basic principles. There are 3 basic principles with respect to evidence and the courts will consider those principles in deciding whether the evidence is relevant and its need to be included in that court action or in that legal process. The 1st principle is relevancy. The evidence needs to be relevant.
A “document” has a broad meaning under Rule 1-1. In general, a document is a physical or electronic record of information recorded or stored by means of any device, and includes photographs, films, and sound recordings. When thinking about what type of evidence you can use to prove your case, remember that a document is anything that ...
In civil cases, whoever has the burden of proof needs to bring enough evidence to show the court that they have proven their case on a balance of probabilities. Usually, the person who brings the case before the court will have to discharge the burden of proof. As a result, the burden of proof rests on the plaintiff as “he who alleges must ...
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16 (1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine. (a) whether the person understands the nature of an oath or a solemn affirmation; and.
