Law of Evidence (objectives)

1. The Law of Evidence is----------. (a) Procedural Law / (b) Substance Law

2. ------define the rights, duties and liabilities of citizen and State. (a) Procedural Law (b) Substance Law /

3. -----------are admissible in evidence. (a) Relevant facts / (b) Irrelevant facts

4. A is charged with theft and with having been previously convicted of theft. Is the previous conviction relevant as a fact issue? (a) relevant / (b) irrelevant

5. Evidence may be given in --------. (a) Civil suit (b) Criminal proceeding (c) Suit and proceeding /

6. Any fact which constitutes motive or preparation is--------. (a) relevant fact / (b) irrelevant fact

7. Any person was born within-------days after the dissolution, the mother remaining unmarried, shall be conclusive proof that he is legitimate son. (a) 160 days (b) 180 days

(c) 280 days /

8. -------mean that one cannot deny that the facts contain in the judgment of a competent Court are not true. (a) Estoppel by deed (b) Estoppel by matter of records / (c) Estoppel by conduct

9. To invoke the doctrine of estoppel--------- must be satisfied. (a) two conditions (b) three conditions / (c) four conditions

10. --------made at any time by any person charged with the crime stating or suggesting an inference that he committed the crime. (a) An admission (b) A confession /

11. If the confession made by the accused person is voluntary nature, it is------. (a) admissible evidence / (b) not admissible evidence

12. A confession must be in the presence of a ---------while the accused person is in the custody. (a) magistrate / (b) policeman

13. In criminal trial, an opinion of ordinary relating to the matter of facts is------- in evidence. (a) admissible (b) not admissible /

14. In order to decide murder case, the Court needs opinions of------------. (a) arms expert (b) medical officers / (c) handwriting expert

15. Documentary evidence can be classified into------. (a) two kinds (b) three kinds / (c) four kinds

16. The opinions of medical officer can be regarded as a------------. (a) whole truth / (b) whole false

17. ---------means all statements which the Court permits or requires to be made before it by a witness in relation to matter of facts under enquiry. (a) Oral evidence / (b) Documentary evidence

18. A dumb person may ----------oral evidence before the Court. (a) give / (b) not give

19. ---------must be evidence of witness who say he heard the words. (a)Oral evidence / (b)Documentary evidence

20. The contents of a document must be proved by the production of -------. (a) certified copy of document (b) original document /

21. Copy made from the original and copies compared with the original are---(a) admissible evidence / (b) not admissible evidence

22. Oral account of a document by one who has merely seen with his eyes, it was held ---------. (a) primary evidence / (b) secondary evidence

23. A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. On whom does the burden of proof lie? (a) B (b) A /

24. A sues B for land of which B is in possession, and which as A asserts, was left to A by the will of C, B's father. On whom does the burden of proof lie? (a) A / (b) B (c) C

25. A suit for possession of immoveable property must be brought within -------of dispossession. (a) 3 months (b) 5 months (c) 6 months /

26. --------means any officer employed in or the business of any branch of the public revenue. (a) Public officer (b) Revenue officer /

27. The testimony of an accomplice is ------- in evidence. (a) admissible / (b) not admissible

28. In--------the complainant is heard and the evidence for the prosecution is taken. (a) summon cases (b) warrant cases /

29. Leading questions must not be asked in--------. (a) Examination in chief / (b) Cross examination (c) Re-examination

30. The examination of a witness by the adverse party shall be called-------. (a) Examination in chief (b) Cross examination / (c) Re-examination

Answers 1(a)2(b)3(a)4(a)5(c)6(a)7(c)8(b)9(b)10(b)11(a)12(a)13(b)14(b)15(b) 16(a)17(a)18(a)19(a)20(b)21(a)22(a)23(b)24(a)25(c)26(b)27(a)28(b) 29(a)30(b) Short Questions Explain the term Document.

1.

Document means any matter expressed or described upon any substance by mean of letters, figures or marks, or by more than one of those, means intended to be used or which may be used for the purpose of recording that matter. Illustrations A writing is a document; Words printed, lithographed or photographed are documents;

A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document.

2. What fact is regarded as conclusive proof? Section 4 of the Evidence Act provides that When one fact is declared by this Act to be conclusive proof another, the Court shall, on proof of the one fact, regard the other as proved and shall not allow evidence to be given for the purpose of disproving it. Those facts need not be proved. Explain the term admission.

3.

Section (17) of Evidence Act defined that an admission is a statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. According to this definition it can be given oral or documentary. An admission can be made either in criminal cases or civil suits.

4.

Are opinions of hand writing expert admissible as evidence? The opinion of handwriting expert is relevant and admissible in evidence under

section (45) of Evidence Act. The opinions of hand writing experts on the question whether the two documents were written by the same person or by different persons, are relevant and admissible in evidence. Therefore opinions of hand writing expert are admissible as evidence.

5.

What is oral evidence? Under section (3) of Evidence Act, oral evidence means and includes all

statement which the court permits or requires to be made before it by a witness in relation to matter of facts under enquiry.

6.

What is meant by Secondary Evidence? Section 63 of the Evidence Act prescribed that the definition of secondary

evidence. According to this section "secondary evidence includes the following points. (1) (2) (3) (4) (5) Certified copies given under the provisions hereinafter contained; Copies made from the original by mechanical process which in themselves insure

the accuracy of the copy and copies compared with such copies; Copies made from or compared with the original; Counterparts of documents as against the parties who did not execute them; Oral accounts of the contents of a document given by some person who has

himself seen it. What is privileged communication under the Evidence Act? Under the followings are privileged communications. (a) (b) Evidence as to affairs of state (Section 123) Official Communication (Section 124)

7.

(c) Information as to Commissions of Offences. (Section 125) (d) Professional Communications (Sec: 126) 8. What is meant by burden of proof? Under Section 101- of the Evidence Act, Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist." When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a Crime which A says B has committed A must prove that B has committed the crime. What do you understand by the term dumb witness? A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs, but such writing must be

9.

written and the signs; made in open court. Evidence so given shall be deemed to be oral evidence When deaf and dumb person is adduced as a witness, the court, in the exercise of due caution, will take care to ascertain before he is examined that he possesses the requisite amount of intelligence, and that he understands the nature of and oath. When the judge is satisfied on these heads, the witness may be sworn and give evidence through an interpreter by means of the deaf and dumb alphabet of signs and this is the usual modern practice.

10.

What is a leading question?

Under section 141 of the Evidence Act, leading questions means that Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.