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Course Info

About this Course

This is the first part of the course on the Law of Evidence. The aim of this course is to teach students the basic elements of the rules of evidence under the common law rules and legislation regulating the law of evidence. Students will be taught on how to use the rules of evidence in determining what evidence is necessary in the prosecution or defence of a legal action (criminal or civil) and whether or not such evidence is admissible. This course promotes the development for critical thinking and problem-solving skills, values, ethics and moral professionalism in the area of law of evidence.

Course Syllabus

1) Introduction
- Historical development
- Sources and scope of law of Evidence
- Definition of concepts
- Classification and cannons of Evidence
- Best Evidence Rule

2) Section 5 of the Evidence Act 1950
- Scope
- Facts, `facts in issue' and relevant facts
- Admissibility/inadmissibility of relevant facts - sections 136 & 165
- Facts need not be proved - sections 57 & 58

3) General Relevancy : Section 6 - 9 of the Evidence Act 1950
- scope
- Concepts and Principles
- Application

6) Similar facts evidence - sections 11, 14 and 15
- Definition
- common law position
- Application in Malaysia

Admission & Confession - sections 17 to 31 of the Evidence Act 1950
- Definition
- Distinction between admission and confession
- Admission and confession in civil cases
- Admission and confession in criminal cases
- Inadmissibility of confession
- Discovery through confession

Frequently Asked Questions

Q1 : What is the meaning of evidence?
A1 : Proof

Q2 : Why is the law of evidence important?
A2 : It is important to prove substantive claim. It becomes a filter as to what can and cannot be brought in court.