Over the last couple of weeks we learned that oral evidence is the ‘gold standard’ of evidence in our legal system. This week, we consider the other two key forms of evidence: Documentary evidence, and ‘Real’ evidence.
When one mentions ‘documentary’ evidence, one immediately thinks of long-winded, complicated legal documents; or statutory declarations and affidavits. And, indeed, these are documentary evidence. However, documentary evidence is much broader than ink on paper. Computer records, photographs, business files, film footage, even labels, can constitute documentary evidence.
There is a lingering popular view that documentary evidence is extremely powerful. You will almost certainly have heard people say ‘Oh, but I’ve got documentary proof! It’s right here in black and white!’ Indeed, documentary evidence can be a particularly compelling form of evidence – however its use can be complicated, and documentary evidence faces some distinct disadvantages compared to oral evidence. This week, we will examine some of those complications and disadvantages, so that you will be able to confidently use documentary evidence, within its limitations.
Real evidence represents the final category of evidence we will discuss in this unit. ‘Real’ comes from the latin word res, meaning ‘thing’. Consequently, real evidence are things which the court may see or experience for itself. Real evidence, even more than documentary evidence, can be problematic. From time to time it can be a powerful and useful form of evidence; however, more often than not, real evidence will be mere courtroom drama; there are usually better ways for you, as an advocate, to make your point. This week we will look at real evidence; at its uses and limitations.
Reading:
At the end of Topic 9, you should be able to:
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This unit was last updated on 28.10.2019