Week 1: Facts, Information, Evidence
Facts are all things which are actually knowable, and which are required to make the contested legal decision
Information represents data learned about an incident, issue or dispute after the event. Information will never capture absolutely all of the facts, no matter how good the investigation.
Evidence is information which the court has agreed to consider during a case. Evidence is therefore information which meets the rules of evidence. Not all information will necessarily be able to be used as evidence.
ORAL
DOCUMENTARY
REAL
Evidence Act 1977
Relevance
Admissibility
Reliability
Probative Value
Can we show that the other side's evidence is irrelevant?
Can we show that the other side's evidence is unreliable?
Can we use the Rules of Evidence to knock out their evidence?
Can we show that the other side's evidence doesn't prove much?
Burden of Proof
Evidential burden
Legal burden
The obligation of a litigant in a proceeding to produce sufficient evidence to support its case to enable a judge to allow it to be presented to the fact finder to be used to reach its ultimate decision in the case
The obligation of a litigant to ultimately persuade the fact finder that certain facts, which are essential to establishing their claim or defence, are true
The consequence of failing to so is that the fact finder would hold that the claim or defence has not been proved