LEI 3024 LAW OF EVIDENCE TUTORIAL 1

CALVIN YEOH KAR HOU (A17)

20191233-01-12097

1. What is meant by “evidence”.

A. According to S.2 of Evidence Act 1950, evidence is all statement which the court permits or
require to be made before it by witnesses in relation to matters of fact under inquiry. Such as oral
evidences or statement from witness. Other than that, evidence also means all the documents
produced for the inspection of the court. Such as documentary evidence like report police.

2. Define the following :

(i) Oral Evidence

A. Statement that testify by witness in court which will be recorded. Before giving evidence,
witness need to take a stand first to proof what he / she say is truthful.

(ii) Documentary Evidence

A. Document evidence that tendered in court which will mark as Exhibit. Such as report FIR,
report urine test, photograph from crime scene, etc.

3. From your understanding, provide example of ‘real evidence’.

A. According from my knowledge, real evidence is those evidence which most importance to a
case include Exhibits. Example, in a murder case, evidence like photo of victim’s corpse is one of
the real evidence to proof that there was a murder case happened.

4. Why evidence is important in judicial proceedings?

A. Once the evidence passed judicial proceeding, it is legally taken by court and mark as value
evidence in the case.

5. Explain the general rule pertaining to evidence.

A. All the evidences that tendered in court must be admissible which mean accepted in court. The
criteria for admissibility are must relevant, have sufficient weight, and the person who giving
evidence must competent. The meaning of relevant at here is the evidence must have link or
connection with the case. Example like in a murder case, the evidence that present in court must

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be some weapon that cause death to a men. Other than that, sufficient weight means the evidence
must reach a certain standard to prove a case.

6. Explain the application of Child Evidence Act 2007.

A. The use of this act is related with the child witness who giving the evidences in court or related
in a criminal or civil case. The word of child means a person who below age of 18.

7. Define fact.

A. According to S.2 Evidence Act 1950, the word of fact means any things, state of things or
relation of things capable of being perceived by senses of human such as taste, touch, sight, smell
and hear. Example, a man heard or saw something. Then, fact also means any mental condition of
which any person is conscious. Example, a man holds certain opinion, intention or knowledge.

8. Explain the following :

(i) Fact in Issue

A. Regarding to S.3 Evidence Act 1950, fact in issue means ant fact from which, either by
itself or in connection with other facts, the existence, non-existence, nature or extent of any
right, liability or disability asserted or denied in any suit or proceeding necessarily follows.
Example in a situation A murder B. In this situation, the facts may be issue that A caused B’s
death, did A intended to kill B, did A had received provocation from B or etc.

(ii) Relevant fact.

A. First, the word of relevant is one fact is said to be relevant to another when the one is
connected with the other in any of the ways referred to in the provisions of this Act relating to
the relevancy of facts. Relevancy refer to degree of connection and probative value between a
fact that is given in evidence and the issue to be proved. Example, A who accused murder B,
the fact may issue that A killed B, the relevant fact is like A already had intention to murder B
before his act.

9. Explain ‘admissibility’ of evidence.

A. Admissibility is the duty of court to decide whether an evidence should be received by the
court. It involves the process whereby the court determines whether the Law of Evidence permits

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that relevant evidence to be received by the Court. In simple word, it means the evidence can
accepted in court.

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