NATIONAL OPEN UNIVERSITY OF NIGERIA
SCHOOL OF LAW
COURSE CODE: LAW446
COURSE TITLE: Law of Evidence II
1
, COURSE TITLE: Law of Evidence II
Course Code: LAW 446
Course Title: Law of Evidence II
Course Writers: Iroye Samuel Opeyemi Esq.
School of Law, NOUN
Course Editor: Dr. (Mrs .) Erimma Gloria Orie
School of Law, NOUN
Dean School Of Law : Prof. Justus Sokefun
School of Law, NOUN
Course Coordinators: Iroye Samuel Opeyemi Mr
Nimisore Akano (Mrs)
Folashade Aare (Mrs)
2
, LAW 446: LAW OF EVIDENCE II
Table of Contents
Module 1
Unit 1: Evidence of Character
Unit 2: Opinion Evidence
Unit 3: Similar Fact Evidence
Module 2
Unit 1: Hearsay
Unit 2: Exceptions to the Rule against Hearsay I
Unit 3: Exceptions to the Rule against Hearsay Rule II
Module 3
Unit 1: Estoppels
Unit 2: Competency and Compellability
Unit 3: Privilege
Unit 4: Corroboration
Module 4
Unit 1: Burden and Standard of Proof
Unit 2: Documentary Evidence
Unit 3: Confessions
Unit 4: Judges Rule
Unit 5: Examination of witness
3
, MODULE I
UNIT 1: EVIDENCE OF CHARACTER
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Contents
3.1 Definition of Terms
3.2 Character of Witness
3.3 What Constitutes Evidence of Bad Character
3.4 When Character Evidence Becomes Relevant
3.5 Character Evidence in Civil Proceedings
3.6 Character Evidence in Criminal Proceedings
5.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment
7.0 References/Further Readings
1.0 INTRODUCTION
According to the Black’s Law Dictionary 5th edition, Character is the aggregate of the moral
qualities which belong to and distinguish an individual; the general result of the one’s
distinguishing attributes. It describes it as that moral predisposition or habit, or aggregate of
ethical qualities, which is believed to attach to a person, on the strength of the common
opinion and report concerning him. Blacks assert that ‘’Character’’ as the moral qualities of a
person is the qualities the person possessed as against ‘’reputation’’ which is what others
believe one to possess. The former is personal and real while the latter is external and based
on other people’s knowledge and assessment. More often time when ‘’character’’ is used in
relation to the law of evidence, it might be signifying ‘’reputation’’ which is what the people
tends to know about the person. Character in relation to giving evidence could either be bad
or good.
The evidence of good character of an accused person or of a witness is admissible in
evidence. It points to the direction that the allegation against him is less likely to be true.
Conversely, the evidence of bad character or of bad reputation is inadmissible in both civil
4
SCHOOL OF LAW
COURSE CODE: LAW446
COURSE TITLE: Law of Evidence II
1
, COURSE TITLE: Law of Evidence II
Course Code: LAW 446
Course Title: Law of Evidence II
Course Writers: Iroye Samuel Opeyemi Esq.
School of Law, NOUN
Course Editor: Dr. (Mrs .) Erimma Gloria Orie
School of Law, NOUN
Dean School Of Law : Prof. Justus Sokefun
School of Law, NOUN
Course Coordinators: Iroye Samuel Opeyemi Mr
Nimisore Akano (Mrs)
Folashade Aare (Mrs)
2
, LAW 446: LAW OF EVIDENCE II
Table of Contents
Module 1
Unit 1: Evidence of Character
Unit 2: Opinion Evidence
Unit 3: Similar Fact Evidence
Module 2
Unit 1: Hearsay
Unit 2: Exceptions to the Rule against Hearsay I
Unit 3: Exceptions to the Rule against Hearsay Rule II
Module 3
Unit 1: Estoppels
Unit 2: Competency and Compellability
Unit 3: Privilege
Unit 4: Corroboration
Module 4
Unit 1: Burden and Standard of Proof
Unit 2: Documentary Evidence
Unit 3: Confessions
Unit 4: Judges Rule
Unit 5: Examination of witness
3
, MODULE I
UNIT 1: EVIDENCE OF CHARACTER
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Contents
3.1 Definition of Terms
3.2 Character of Witness
3.3 What Constitutes Evidence of Bad Character
3.4 When Character Evidence Becomes Relevant
3.5 Character Evidence in Civil Proceedings
3.6 Character Evidence in Criminal Proceedings
5.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment
7.0 References/Further Readings
1.0 INTRODUCTION
According to the Black’s Law Dictionary 5th edition, Character is the aggregate of the moral
qualities which belong to and distinguish an individual; the general result of the one’s
distinguishing attributes. It describes it as that moral predisposition or habit, or aggregate of
ethical qualities, which is believed to attach to a person, on the strength of the common
opinion and report concerning him. Blacks assert that ‘’Character’’ as the moral qualities of a
person is the qualities the person possessed as against ‘’reputation’’ which is what others
believe one to possess. The former is personal and real while the latter is external and based
on other people’s knowledge and assessment. More often time when ‘’character’’ is used in
relation to the law of evidence, it might be signifying ‘’reputation’’ which is what the people
tends to know about the person. Character in relation to giving evidence could either be bad
or good.
The evidence of good character of an accused person or of a witness is admissible in
evidence. It points to the direction that the allegation against him is less likely to be true.
Conversely, the evidence of bad character or of bad reputation is inadmissible in both civil
4
