This is a complete project materials on Critical Appraisal On Opinion Evidence from chapter one to five with references and abstract.
ABSTRACT
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Generally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from called as a means by which those facts can be proved.
Evidence of what the witness thinks, believes or infers in regard to facts in dispute, as distinguished from personal knowledge of the facts themselves. The Rule of Evidence ordinarily do not permit witnesses to testify as to opinions or conclusions when this type of evidence is expressed by an expert witness, it may be used only if scientific, technical, or specialized knowledge will aid the trial of fact in understanding the Evidence or determining a fact in issue.
Opinion Evidence refers to Evidence of which the witness thinks, believes, or infers in regard to facts as distinguished from personal knowledge of the facts themselves. In common law jurisdictions, the general rule is that a witness is supposed to testify as to what was observed and not to give an opinion on what was observed.
However, there are two exceptions to this rule: Expert Evidence and Non-expert Evidence opinion given by laymen which people in their daily lives reach without conscious rationalization.
TABLE OF CONTENTS
COVER PAGE
CERTIFICATION
DEDICATION
ACKNOWLEDGEMENT
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATION
TABLE OF CONTENTS
ABSTRACT
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 INTRODUCTION
1.1.0 DEFINITION OF EVIDENCE
1.1.1 CLASSIFICATION OF EVIDENCE
1.2.0: BACKGROUND OF THE STUDY
1.3.0 FOCUS OF STUDY
1.4.0.SCOPE OF STUDY
1.5.0. METHODOLOGY
1.6.0. LITERATURE REVIEW
1.7.0. CONCLUSION
CHAPTER TWO
INTRODUCTION OF OPINION EVIDENCE
2.0.0: INTRODUCTION
2.1.0: ADMISSIBILITY IF OPINION EVIDENCE
2.2.0: EXAMINATION OF THE GENERAL RULE
2.2.1: RATIONAL FOR EXCLUSIONARY RULE
2.2.2: EXCEPTION OF THE EXCLUSIONARY RULE
2.3.0: CONCLUSION
CHAPTER THREE
OPINION OF EXPERTS WITNESS
3.0.0: INTRODUCTION
3.1.0. THE SCOPE FOR EXPERT WITNESS
3.2.0: CREDENTIALS OF EXPERT WITNESS
3.3.0: OPINION AS TO FOREIGN LAW
3.4.0: OPINION AS TO NATIVE LAW AND CUSTOM
3.5.0: OPINION AS TO SCIENCE AND ART
3.6.0: OPINION AS TO HANDWRITING AND FINGER IMPRESSION
3.7.0 CONCLUSION
CHAPTER FOUR
OPINION OF NON-EXPERTS WITNESS
INTRODUCTION
OPINION AS TO HANDWRITING
OPINION AS TO GENERAL CUSTOM OR RIGHT
OPINION AS TO USAGES AND TENETS
OPINION AS TO RELATIONSHIP
OTHER INSTANCES WHERE OPINION OF
NON EXPERTS ARE ADMISSIBLE
OPINION AS TO SPEED
OPINION AS TO AGE
OPINION AS TO IDENTITY
OPINION AS TO MENTAL AND PHYSICAL HEALTH
OPINION AS TO INTOXICATION
CONCLUSION
CHAPTER FIVE
GENERAL CONCLUSION
5.1.0: RECOMMENDATION
5.2.0: CONCLUSION
BIBLIOGRAPHY
BOOKS
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 INTRODUCTION
According to Professor Cross
“Evidence is the testimony hearsay, documents, things and facts which account will accept as evidence of the fact in issue in a given case”. Evidence as to opinion could be said to have emanated from the conception of “Judicial Evidence is the means by which facts are proved but excluding inferences and arguments. It is common knowledge that a fact can be proved by the oral testimony of persons who receive the fact by production of document or by inspection of things and places”.
The general rule of common law is that witness may only give evidence of facts of which they have knowledge. In other words witness may testify only what they themselves did say, heard on witnessed. The cardinal rule provides the foundation not only for the hearsay rule but also for a further common law rule which prohibits witness from expressing their opinion about what happened or may have happened.
1.1.0 DEFINITION OF EVIDENCE
According to the Blacks Law Dictionary3, evidence is defined as:
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