INTRODUCTION

The aim in any legal proceeding before a court, is to persuade an adjudicator that one’s case is better than the other’s. The ability to do that is dependent on a number of factors and chief of them, is the evidence that one has to prove whatever assertions they have. Not everything however that one comes across that might have something to do with a case would be said to be good evidence and useful to court. Law of evidence therefore addresses issues of what evidence is and which evidence is in fact admissible in the courts. This module introduces learners to the so important rules that regulate the admissibility of documents as evidence and competence of individuals to stand as witnesses in court proceedings. The module gives an introduction to the subject. It focuses on specific rules regarding burden and standard of proof in civil and criminal matters. It looks at the competence of witnesses to testify in court, examination of witnesses, the rules on hearsay and rules on admissibility of illegally obtained evidence etc.  

OBJECTIVES 

The objectives of this module are:

• To explain what evidence and the law of evidence is
• To highlight and explain the rules that government admissibility of documents as evidence in court
• To explain the standard and onus/burden of proof in civil and criminal matters
• To explain the rules on the competence of persons to testify as witnesses
• To critically examine the rule on admissibility of illegally obtained evidence
• To explain the conduct of examining witnesses via examination-in-chief, cross-examination and re-examination

LEARNING OUTCOMES

At the end of this module you should be able to:

• Know what evidence and law of evidence is
• Identify and explain the rules that govern admissibility of evidence in court
• Know and explain what is meant by standard and onus/burden of proof and where they lie in civil and criminal matters
• Know and explain rules that guide competence of persons to testify in court
• Know and explain he rules regarding admissibility of illegally obtained evidence
• Know and apply the rules on examining witnesses in court.

UNIT 1 – LAW OF EVIDENCE: AN INTRODUCTION

UNIT 2 – WHEN EVIDENCE NOT NECESSARY

UNIT 3 – STANDARD AND ONUS OF PROOF

UNIT 4 – COMPETENCE AND COMPELLABLE WITNESSES

UNIT 5 – HEARSAY EVIDENCE

UNIT 6 – EXAMINATION OF WITNESSES

UNIT 7 – ILLEGALLY OBTAINED EVIDENCE – ADMISSIBILITY

UNIT 8 – ROLE OF THE ADJUDICATOR

 

RECOMMENDED READINGS:

Hatchard John and Ndulo Muna. (1991). The Law of Evidence in Zambia: Cases and Materials. Lusaka: Multimedia Publication Monaghan Nicola. (2015). Law of Evidence. Cambridge: University of Cambridge