Revision notes for Evidence – Basic Principles

Revision notes for Evidence – Basic Principles PURPOSE OF LAW OF EVIDENCE 2. ISSUES AND FACTS Facts versus evidence:  Facts are used to determine issues. The resolution of issues determines the outcome of a case. For example in criminal cases, the accused’s mens rea is an issue that must be determined.  Evidence is different, as they do not directly determine issues. While facts are generally derived from evidence, only facts that have been accepted or “found” by the judge/jury can determine issues.  Summary: In evidence we always are finding our TARGET FACTS/FACTS IN ISSUE. 3. WHERE DO FACTS COME FROM a) Three types of admissible evidence: The tribunal of fact may have recourse to the following admissible sources in the fact-finding process: