Erneo Ernesti
May 4
Explain the rationale of admissibility of evidence and give authority from the law of evidence act of Tanzania?
Explain the rationale of admissibility of evidence and give authority from the law of evidence act of Tanzania
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ChatGPT
May 4
The rationale of admissibility of evidence is to ensure that only relevant, reliable, and trustworthy evidence is presented in court proceedings. This is important in order to ensure that the truth is uncovered and justice is served. Admissible evidence is evidence that is legally allowed to be presented in court and considered by the judge or jury when making a decision.
The law of evidence act of Tanzania provides guidelines on what evidence is admissible in court. Section 3 of the act states that evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. Section 4 of the act further states that evidence may be given of facts in issue and relevant facts, and of no others.
In addition, section 5 of the act outlines the different types of evidence that may be admissible in court, including oral evidence, documentary evidence, and electronic evidence. The act also sets out rules for the admissibility of hearsay evidence, expert opinion evidence, and character evidence.
Overall, the rationale of admissibility of evidence is to ensure that only relevant and reliable evidence is presented in court proceedings, in order to facilitate the fair and just resolution of disputes.
The law of evidence act of Tanzania provides guidelines on what evidence is admissible in court. Section 3 of the act states that evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. Section 4 of the act further states that evidence may be given of facts in issue and relevant facts, and of no others.
In addition, section 5 of the act outlines the different types of evidence that may be admissible in court, including oral evidence, documentary evidence, and electronic evidence. The act also sets out rules for the admissibility of hearsay evidence, expert opinion evidence, and character evidence.
Overall, the rationale of admissibility of evidence is to ensure that only relevant and reliable evidence is presented in court proceedings, in order to facilitate the fair and just resolution of disputes.
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Google Gemini AI
May 4
Rationale of Admissibility of Evidence
Evidence is admissible in court if it is:
- Relevant: It has a logical connection to the facts in issue and can help the court make a determination in the case.
- Competent: It is provided by a witness who has firsthand knowledge or expertise in the subject matter.
- Material: It has the potential to affect the outcome of the case.
- Reliable: It is trustworthy and accurate.
Authority from the Law of Evidence Act of Tanzania
Section 4 of the Tanzania Law of Evidence Act, 2019 provides the general rule of admissibility:
> "All facts which are relevant to any issue in a judicial proceeding are admissible in evidence, except where they are made inadmissible by some law or by this Act."
Exceptions to Admissibility
There are certain exceptions to the general rule of admissibility, including:
- Evidence obtained illegally or contrary to the Constitution
- Evidence that is privileged or confidential
- Hearsay evidence (unless an exception applies)
- Character evidence (unless relevant to the facts in issue)
- Opinion evidence (unless provided by an expert witness)
Rationale for Exceptions
These exceptions exist to protect individual rights, promote fairness, and ensure the accuracy and reliability of evidence. For example, excluding illegally obtained evidence ensures that law enforcement officers comply with proper procedures and respect the rights of citizens.
By carefully considering the admissibility of evidence, the court can ensure that the most relevant, reliable, and fair information is presented to help determine the facts of the case.
Evidence is admissible in court if it is:
- Relevant: It has a logical connection to the facts in issue and can help the court make a determination in the case.
- Competent: It is provided by a witness who has firsthand knowledge or expertise in the subject matter.
- Material: It has the potential to affect the outcome of the case.
- Reliable: It is trustworthy and accurate.
Authority from the Law of Evidence Act of Tanzania
Section 4 of the Tanzania Law of Evidence Act, 2019 provides the general rule of admissibility:
> "All facts which are relevant to any issue in a judicial proceeding are admissible in evidence, except where they are made inadmissible by some law or by this Act."
Exceptions to Admissibility
There are certain exceptions to the general rule of admissibility, including:
- Evidence obtained illegally or contrary to the Constitution
- Evidence that is privileged or confidential
- Hearsay evidence (unless an exception applies)
- Character evidence (unless relevant to the facts in issue)
- Opinion evidence (unless provided by an expert witness)
Rationale for Exceptions
These exceptions exist to protect individual rights, promote fairness, and ensure the accuracy and reliability of evidence. For example, excluding illegally obtained evidence ensures that law enforcement officers comply with proper procedures and respect the rights of citizens.
By carefully considering the admissibility of evidence, the court can ensure that the most relevant, reliable, and fair information is presented to help determine the facts of the case.
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