Definition of Facts under Evidence Act
However, some facts are more important than others, and it is not only expected, but required that these facts be proven by the party trying to rely on them. These facts are those on the basis of which the case of a party to proceedings lives or dies. Section 1 of the Nigerian Evidence Act provides for these important facts that must be proven. These are contentious facts and facts declared relevant under the law. n. a real case or event that must be proven in court by presenting evidence and that is evaluated by the fact investigator (a jury in a jury or by the judge if he sits without a jury). For example, if the dispute borders on theft and the charge is that the defendant allegedly took property that did not belong to him at a certain time, place and date, the day, time and place become facts that are questioned and must be proven by the prosecution. The law of evidence, in all its complex splendor, naturally revolves around two cardinal things: facts and evidence. It is these two elements that combine to form evidence that the court may or may not accept as evidence of the merits or nullity of a party`s case. Fact at issue:- In an adversarial legal system, the court must decide the issue in the controversy that depends on substantive law, that is, .part of the offence or allegation in the pleading. This is called a fact-in-issue and its Latin equivalent is factum probandum. The facts as defined in section 3 of the Act can be considered underlying – The comments were very helpful. In fact, I had checked many websites without getting any help, apart from the already complex definition.
Continue. djetLawyer is my best legal site. It is a law that is facilitated. Any legal topic I want to understand when I have trouble reading my textbook, I check the website for a simple explanation. Well done! This definition, although complex, is quite exhaustive. That means, in essence, that a fact at issue is one which fundamentally affects the dispute pending before the court. • Our Indian legal system resolves disputes by applying the rule of law to the facts of the case. This is the specific question that arises from the concrete facts of the case. Therefore, the facts are important for the current topic.
• Facts are also important in determining which law can be applied to a case or how the law can be applied to a particular case where certain facts exist or not. • Another reason for its importance is that the determination of the court`s opinion is relevant is largely determined by the similarity between the facts of the client`s case and the facts of the court`s opinion. It is therefore in the criminal case the allegation contained in the indictment that constitutes the disputed fact, and in civil cases, if there are factual questions, then the answer to that is equal to the fact of the law of evidence. The facts in question are the cornerstone of any dispute. They determine what the court must resolve and, as such, must be proved by the party who has the burden of proof. If that party does not prove these facts at all or does not prove them satisfactorily, his chances of success in the case pending before the court would be very slim. • The relevant fact is the fact that has a certain degree of probative value. This means that a compound can be traced from cause to effect or effect to cause. All the facts that exist in terms of cause and effect of the alleged fact can be considered relevant. • Irrelevant facts/facts are facts that are random with the event, but in the case have no significant legal significance. • Physical facts include the state of things or the relationship of things, everything that can be or be perceived by the senses.
• Psychological fact is any mental state of which a person is aware. Facts are usually the information about the case that the client gives to their lawyer. Lawyers base their arguments on the given facts to win cases in court. The very first step in finding a legal solution to any problem is to apply the law to the facts of each case. Before a legal solution to the particular problem can be found or a decision can be made as to whether a lawsuit should be brought, it is necessary to identify the facts of the case that are decisive for the outcome of the case. In India, there is no definition of “relevant” under the Indian Evidence Act. But articles 5 to 55 of the law of evidence dealt with the relevance of the facts. Above all, it is a question of deciding which facts meet both legally relevant and logical criteria. A fact may be logically relevant, but there is no certainty that it will be legally admissible in court. Any evidence to be presented to the court must therefore meet two conditions. And these two important obstacles are that the evidence must be logically relevant and legally admissible at the same time.
