CRITICAL APPRAISAL ON OPINION EVIDENCE

CRITICAL APPRAISAL ON OPINION EVIDENCE
ABSTRACT

Generally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from called as a means by which those facts can be proved. Evidence of what the witness thinks, believes or infers in regard to facts in dispute, as distinguished from personal knowledge of the facts themselves. The Rule of Evidence ordinarily do not permit witnesses to testify as to opinions or conclusions when this type of evidence is expressed by an expert witness, it may be used only if scientific, technical, or specialized knowledge will aid the trial of fact in understanding the Evidence or determining a fact in issue.  Opinion Evidence refers to Evidence of which the witness thinks, believes, or infers in regard to facts as distinguished from personal knowledge of the facts themselves. In common law jurisdictions, the general rule is that a witness is supposed to testify as to what was observed and not to give an opinion on what was observed. However, there are two exceptions to this rule: Expert Evidence and Non-expert Evidence opinion given by laymen which people in their daily lives reach without conscious rationalization.

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0 INTRODUCTION

According to Professor Cross1,

“Evidence is the testimony hearsay, documents, things and facts which account will accept as evidence of the fact in issue in a given case”. Evidence as to opinion could be said to have emanated from the conception of Aguda2 when he stated that:

“Judicial Evidence is the means by which facts are proved but excluding inferences and arguments. It is common knowledge that a fact can be proved by the oral testimony of persons who receive the fact by production of document or by inspection of things and places”. The general rule of common law is that witness may only give evidence of facts of which they have knowledge. In other words witness may testify only what they themselves did say, heard on witnessed. The cardinal rule provides the foundation not only for the hearsay rule but also for a further common law rule which prohibits witness from expressing their opinion about what happened or may have happened.

1.1.0 DEFINITION OF EVIDENCE

According to the Blacks Law Dictionary3, evidence is defined as:  “any specie of proof or probative matter legally present at the trial of an issue by the act of the parties and through the medium of witness, records, documents, exhibits, concrete subjects, etc. including belief in minds of the court or jury as to their contention.”

According to Akinola Aguda4, evidence is: “The means by which facts are proved but exclude inference and arguments, it could either be by oral testimony of persons who perceived the fact or by production of documents, it is sometimes used in connection with admissibility” According to Professor Cross5, it is: “A testimony whether oral, documentary or real which may be legally received in order to prove or disprove some facts in dispute.”

1.1.1 CLASSIFICATION OF EVIDENCE

Evidence can be classified into three main classes, which are oral evidence, real evidence and documentary evidence.

ORAL EVIDENCE

This is defined as statement and assertion of a witness in court offered as proof of the truth of that which is ascertained or evidence given by words of mouth in court on oath or in affirmation. It is also known as testimonial evidence and it include signs made by dumb6. It must be directed and ipso facto. If it relate3 to a fact which could be seen, heard, or perceived, it must be an evidence of the witness who say he saw, heard and perceived such act 7.

REAL EVIDENCE

According to Professor Noakes, it is the material object other than documents produced for the inspection of the chart. In other words, its anything which is produced and examined by court or tribunal as means of proof, it includes good allegedly stolen, weapon of office, items caring blood stain or finger prints etc.

DOCUMENTARY EVIDENCE

This is simply a statement made in a document which is offered to the court in proof of any fact in issue. In other words, it is evidence tendered through or by the use of documents, documents include books, map plains, drawings, photographs and any matter expressed or described upon any substance by means of letter, figure or marks8, etc. to a fact which could be seen, heard, or perceived, it must be an evidence of the witness who say he saw, heard and perceived such act 7.

REAL EVIDENCE

According to Professor Noakes, it is the material object other than documents produced for the inspection of the chart. In other words, its anything which is produced and examined by court or tribunal as means of proof, it includes good allegedly stolen, weapon of office, items caring blood stain or finger prints etc.

DOCUMENTARY EVIDENCE

This is simply a statement made in a document which is offered to the court in proof of any fact in issue. In other words, it is evidence tendered through or by the use of documents, documents include books, map plains, drawings, photographs and any matter expressed or described upon any substance by means of letter, figure or marks8, etc.

Department: Law
Format: Microsoft Word

Chapters: 1 - 5, Preliminary Pages, Abstract,  Bibliography.
Delivery: Email

No. of Pages: 57

Price: 3000 NGN

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