S.

3 EA: "Include" Judicial notice is invoked pursuant to

Include Oral E (Provided by person) & - Governs how E is admissible
Not Exhaustive, S.56 & S.57(statutory judicial notice)
Documentary E (Provided by Document) (Accept by Court)
Still can use or common law judicial notice
- Determine Relevancy of E
other type of
"Evident Evideria" - Based on Lex Fori (Govern by Facts
Evidence
-->To show Clearly, To Prove law of the place of dispute) Need not Facts admitted pursuant to S.58
be Proved
Court determine which evidence Presumption in invoked (which
LAW OF - S.3 EA: E that are capable
is relevant & not relevant reverses the evidential burden
EVIDENCE to be perceived by senses &
of proof for the other party)
- The degree of connection between Mental Condition
EVIDENCE - Physical/Psychological
the fact that is given in evidence & the
issue to be proved Facts Disputes fact or facts, which need
- S.5: Only relevant fact can be to be proved by the parties in the
produced as evidence FII proceeding
- Must fall under S.6 - s.55 RELEVANCY FACTS Murder > If A killed B
- Relevancy is pre-requisite for CONCEPTS OF Contract: If A breach the Contract
admissibility EVIDENCE
Relevant Facts When the fact is connected with the
other in any of the ways referred to in
Logically R: Legally R: the provisions of this Act relating to
E. that has the E. where the the relevancy of facts
tendency to make probative value ADMISSIBILITY WEIGHTS
a material fact (Degree of
more or less believability) of
probable than it Evidence outweights
- Strenght or value of evidence TYPES OF EVIDENCE
would be without its prejudicial effect
Evidence - Has potential of persuading
the court of truth & probability
of facts Primary Secondary:
- Court accept the E. Court Power to determine • Oral • Hearsay
- Determine based on
- Must be relevant, but relevancy admissibility: • Opinion
circumstances of each cases • Original copy
doesn't mean it is admissible 1. S.136 EA: The court may • Character
• Type of Doc
eg: E. relevant but too prejudice inquire any party into the • Circumstantial
• Quality • Real E.
- E. illigally obtained, cout still can relevancy of the evidence • Similar Fact E.
• Demeanors of witness • Conclusive E.
accept, can be relevant & admissible tendered.
Weights: • Direct E.
- Court x concern on how E. is 2. The court may
• No
obtained questioned
• Due
- Lawyer/PP will defend about witnessess,parties as to
• Less
prejudicial relevancy of evidence
Dr.NisaAzman