"Evidence," Black's Law Dictionary tells us, consists of "All the means by which any alleged matter of fact ... is established or disproved." (Black's Law Dictionary, 8th ed. (St. Paul, MN: Thomson/West, 2004), s.v. "evidence.") The law of evidence operates primarily within the framework provided by the substantive law. How does one determine what facts must be proven? The party asserting a cause of action, offence, or defence must lead evidence to establish facts that support each of the elements required in accordance with the substantive law. The law of evidence is thus concerned primarily with the means of proof that can be put before the trier of fact at trial, the permissible uses that the trier of fact can make of the proof, and how the means of proof may be presented and tested.
--Hamish Stewart et al., Evidence: A Canadian Casebook, 3d ed (Toronto: Emond Montgomery, 2012)

Pages in category "Evidence law"

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