Evidence

I

Introduction

Evidence, the means by which disputed facts are proved to be true or untrue in any trial before a court of law or an agency that functions like a court. Because English law is committed to a rational rather than a formalistic system of evidence, no value is assigned to the form or the quantity of evidence offered. Effectiveness is generally determined by how persuasive the evidence seems, either to a judge, or to a jury where that is the tribunal of fact. In a few cases formal rules are enforced. Some transactions, such as wills or transfers of land, must be evidenced by written documents.

II

Law of Evidence in England

English evidence law contains more detailed rules of proof than do other legal systems. This is largely attributable to the historic practice of trial by jury. Less strict rules of proof prevail in administrative agencies (for example, employment tribunals) where juries are not used, as well as in trials before judges alone. The following are some of the detailed rules that must be addressed in a legal action.

A

Burden of Proof

The burden of producing evidence on a given point, and of persuading the judge or jury of its truth, is assigned by law to one side or the other in a court trial. Best known is the rigorous requirement that the prosecution in a criminal case must prove the defendant’s guilt beyond reasonable doubt. Lesser burdens placed on other litigants (parties that take part in a court action) typically involve proving their case by a balance of probabilities. Thus, a person may be found not guilty of manslaughter for a death occurring in a car crash when guilt is not proved beyond reasonable doubt. That person can, however, still be held liable for damages in a civil action for the same death, and on the same evidence, because negligence need only be proved on the balance of probability.

B

Admissibility

Rules of admissibility determine which items of evidence judges or juries may be permitted to hear (or see or read). Generally, if evidence is relevant it is admissible. Nevertheless, certain facts that are logically relevant and of considerable evidential force are still not legally admissible because of their supposed tendency to “confuse and mislead the jury”.