LDC PRE ENTRY EXAMPREPARATION SEMINAR
LAW OF EVIDENCE
LAST YEAR S QUESTIONS
1)Any written or oral statement, or communicative conduct made by personsotherwise than in testimony at the proceeding in which it is offered, isinadmissible if such statement or conduct is tendered either in proof of its truth oras proof of the assertions implicit therein.a)State the rule of evidence stated represented in that statementThe rule of evidence in the above statement relates to hearsay evidence.Hearsay evidence refers to a 3
rd
persons assertions narrated to court by a witnessfor the purpose o establishing the truth of what is asserted. Such evidence isinadmissible. Thus a statement made by a person otherwise than in testimony atthe proceedings is only admissible if the statement if adduced as testimony onlyby the person who made it.a)Briefly explain the rational of the ruleThe rationale for the above rule is that the part who makes the statement cannotbe present to be cross-examined to establish the veracity of that statement.There is also a likelihood of distortion of the original statement
2
)Evidence of opinion or belief of a witness is irrelevant hence inadmissible. Thewitness testifies as to fact and it is the role of the court to form its opinion fromthe facts.a)State one exception to the rule-
One exception to the rule is the case of opinion of experts as provided under section 43 of the Evidence Act
b)Mention one situation where that exception will apply-
One situation where the exception ma apply is when for instance the court has to form an opinion as to foreign law, or of science, or as to identity of handwriting or finger impression
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