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LAW OF EVIDENCE I

TUTORIAL: INTRODUCTION

1. Explain the following:


a. substantive law
- areas of law which determines the rights and liabilities.
b.

adjective law

- based on procedural
-determines how facts will be established in court and how cases are going to be decided
2. How does the Law of Evidence regulate the fact finding process in legal proceedings?
- In criminal trials, the prosecution has to prove each element necessary to its case beyond a
reasonable doubt. In civil trials, on the other hand, a party has the burden only of proving
affirmative contentions by a preponderance of the evidence. Thus the plaintiff must offer
some proof of each of the elements that combine to constitute the defendant's alleged wrong
(see procedure), while the defendant must prove his or her affirmative defenses.
Satisfying the burden of proof requires the prosecutor or the plaintiff to present evidence first.
At the close of this presentation the criminal or civil defendant may move for acquittal or a
nonsuit if admissible evidence supporting necessary contentions has not been offered. Proof
may be dispensed with when an adversary formally admits a fact either in the pleadings or in
court, or when the court may take judicial notice of the fact
3. Explain the importance of fact finding in the trial process.
Substantive law and procedural law complement each other by applying substantive law to
the facts of the individual case and prove of facts are determined by adjective law.

4. What is the purpose of the Law of evidence?


- to weight the evidence which may be suitable of appropriate to the facts of individual cases.
- find evidence which may be admissible to be used during legal proceedings
5. Explain the difference between the adversarial and inquisitorial system of trials.
- adversarial system of trials is only used between common law countries. Since the
foundation of the law is the english common law which dictates most colonized countries
such as malaysia as well as india. It is a process where the parties fight between other parties
with a judge making decision as an independent person. While Inquisitorial system may be
seen from how the judge are required to collect evidence, as oppose from the adversarial
system.