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    Evidence Law Syllabus 2024

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    Evidence Law Syllabus 2024

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    Evidence Law Syllabus 2024

    Uploaded by

    myemareshet

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    © All Rights Reserved
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    of 4

    ADDIS ABABA UNIVERSITY

    School of Law and Governance Studies


    School of Law
    Evidence Law Course Outline

    Instructor: Yoseph. A
    March 2024

    Course Description
    The law of evidence deals with the production, admission and evaluation of evidence for
    the proof of facts in dispute both in civil and criminal matters. As such, the law of
    evidence appears to be principally applicable at the trial stage. Because investigation,
    preliminary inquiries (preparatory/pre-trial hearings), evidence discovery, and
    negotiations for settlement come before the trial, certainly, the law on evidence is
    applicable also for procedures before the trial.
    The law of evidence addresses four fundamental questions: (1) what are those facts a
    party needs to prove before the court of law in order to win a case; (2) what modality of
    evidence is admissible in respect of a particular fact; (3) which party to the case has the
    obligation to prove a particular fact; and (4) what value does the trier of fact (the judge)
    attach to a particular item of evidence and the evidence presented as a whole.
    Unlike other adjective laws, the law of evidence has concepts like relevancy,
    admissibility and standards of proof. Some of those concepts, such as, admissibility of
    evidence, are subject to legal rules while others, such as, relevancy and standard of proof
    are not. They are rather subject to the rules of logic, common sense and life experience.
    Despite its relatively young age, there is a bulk of literature on the law on evidence. For
    lack of systematic and uniform approach to the subject it is easy for students to get lost in
    ocean of details. Your study, therefore, should focus on answering those four fundamental
    questions.
    The sources of evidence law in Ethiopia are both the procedural and substantive codes as
    well as the FDRE Constitution. In the Civil Code, for instance, there are provisions
    dealing with proof of will, ownership and contract; in the Family Code, there is proof of
    marriage and proof of filiations; the procedural codes govern the modality of proof, the
    burden of proof, and procedure for the production of and objections to evidence. The
    Constitution provides the kinds of evidence that are admissible and that are not,
    particularly in criminal matters. Special procedural rules also provide on admissibility of
    evidence and standards of proof.
    This said, there is no code devoted to evidence in the Ethiopian legal system. There seems
    to be one in the pipeline - for a long time. Yet the point whether Ethiopia needs to have a

    Page 1 of 4
    separate code on evidence is not answered affirmatively for various reasons. The draft
    criminal procedure code drawn by the Ministry of Justice contains a book on evidence.
    The provisions as are found throughout the Codes are far from sufficient. The study of the
    law of evidence in Ethiopia is therefore two types: one is based on the laws in force by
    giving them some flesh including in the discussion on Evidence Law. The other approach,
    which we will employ in this course, is making logical and commonsensical discussions
    on evidence and proof. Where the law in force is found insufficient, making necessary
    and logical suggestions in order to fill the gap because, evidence law is so essential that
    justice may not be done without the proper proof of facts.
    Prerequisite
    Students need to take all the substantive and procedural laws before they take the law on
    evidence. This is particularly true in our context because, evidentiary provisions are found
    scattered throughout the various codes and other legislations. Unfortunately, the course
    sequencing in the new curriculum is not helpful.
    Mode of Delivery
    Principally the course is a lecture course. However, because of the nature of the course
    students are encouraged to examine court cases and attend trials. In their effort students
    are required to see what was the issue, what modality of proof were presented, which ones
    were admitted by the court and which ones were not; which party presented the evidence,
    what were the objections to the admission of the evidence, what ruling has the court
    entered in respect of the objection, what value has the court given to that particular
    evidence, and what is the overall outcome of the case after evaluation of the whole
    evidence.
    Accordingly, to assist such activity each student will be assigned to work on a particular
    case. In the case the student is expected to address the particular issue relevant as is
    assigned to her.
    Evaluation
    You are required to work on assignments which would count 50% of your grade and you
    will have one final examination.
    Course content

    I- The CORE BASICS IN EVIDENCE AND PROOF


    1. Evidence law in General.
    2. Principles of Proof:
    a. The Rationalist Model and Its Assumptions in Evidence Law
    b. Rules in Evidence, Logic and Inferences
    c. The Probative Process in Evidence and Proof
    d. Reasoning - abduction, induction, deduction and generalization

    Page 2 of 4
    3. Conceptual framework in evidence law - relevancy, admissibility and
    standards of proof
    4. Stages of Application of Evidence Law
    5. Evidence in Civil and Criminal matters

    II- WHAT IS TO BE PROVED BEFORE A COURT OF LAW?


    2.1. Facts that need to be proved in a court:
    2.1.1. Facts in issue
    2.1.2. Relevant facts to the fact in issue
    2.1.3. General Consideration of Relevancy
    2.1.4. Relevant facts:
    2.2. Facts that need no proof
    2.2.1. Admitted facts
    a. Admission/confession
    b. Judicial vs. extra-judicial admission
    c. Judicial notice (permissive vs. mandatory)
    III. MODALITY OF PROOF
    3.1. Oral Evidence (Testimony)
    3.1.1. Competency of witnesses (laying the foundation)
    a. Lay witnesses (witnesses of fact) - general competence
    b. Expert witnesses - special competence
    3.1.2. Privileges
    3.1.3. Examination of witnesses
    a. Order of witnesses
    b. Oath, affirmation and unsworn evidence
    c. Examination - in-chief
    d. Cross - examination
    e. Re - examination
    3.1.4. Impeachment of witnesses
    3.2. Documentary Evidence
    3.2.1. Authentication (laying the foundation)
    3.2.2. Primary and secondary evidence
    3.2.3. The Best Evidence Rule
    3.2.4. Parole evidence Rule
    3.3. Real Evidence
    3.3.1. Authentication (laying the foundation)
    3.3.2. Exhibits
    3.3.3. Laboratories and forensic examinations
    3.4. Demonstrative Evidence

    Page 3 of 4
    IV. Burden of Proof
    4.1. Burden of proof
    4.2. Presumptions
    4.3. Standards of Proof.
    4.4. Analysis of Evidence
    Some References:

    I. Laws

    1. FDRE Constitution Proclamation No 1/1995


    2. The Draft Criminal Procedure and Evidence Code (2016) (In Amharic)
    3. The 1960 Civil Code of Ethiopia (selected provisions)
    4. The 1965 Civil Procedure Code of Ethiopia
    5. The 1961 Criminal Procedure Code of Ethiopia
    6. The Revised Family Code (selected provisions)
    7. The (Revised) Anti-Corruption Special Procedure and Rules of Evidence Proclamation
    8. Anti-Terrorism Proclamation No 652/2009
    9. The 1967 Draft Evidence Rule
    10. FDRE Evidence Law (title in Amharic, first draft 2004) prepared by the Justice and Legal
    System Reform Institute
    11. (The 1872 Indian Evidence Act)
    12. (The Federal Rules of Evidence)

    II. Books and other materials

    1. Melin, R. A., Materials on Evidence Law, (A.A.U, not published) 1972 (text-book)
    2. Best, A., Evidence, Examples and Explanations, (Little Brown and Co.) 1994
    3. Cleary, E.W. and Strong, J.W., Evidence Cases, Materials, Problems, West Publishing, 1969
    4. Twining, W. and A. Stein, Evidence and Proof (Dartmouth) 1992.
    5. Singh, A.., Principles of the Law of Evidence (Central Law Publishers) 1998.
    6. Mueller, C. B. and L. C. Kirkpatrick, Evidence: Practice under the Rules 4th ed. (Aspen publisher
    Inc.) 2000
    7. Rothstein, P. F., Evidence, State and Federal Rules in a Nutshell, Second Ed., West Publishing,
    1993
    8. Rice, P., Evidence: Common Law and Federal Rules of Evidence 3rd ed. (Matthew Bender and
    Co.) 1996
    9. Simeneh Kiros Assefa "The Principle of Presumption of Innocence and Its Challenges in the
    Ethiopian Criminal Justice System" 6 Mizan L. Rev. No 2
    10. Simeneh Kiros, “The Need and Choice of Evidence Law” Law Students Bulletin, 2000.
    11. ----------- Federal Rules of Evidence Handbook 1996/1997 ed. (Anderson publishing Co.)
    12. M.Monir, Text book on the law of evidence, 7th ed., 2006, Universal law publishing co.
    13. Raymond Emson,Evidence,4th ed.2008,Palgrave mackmillan press,
    14. አለማየሁ ኃይሌ፣የኤክስፐርት ማስረጃ በኢትዮጵያ ህግ-ሕጋዊነት መጽሄት፣ቅጽ 2 ቁጥር 2
    15. Federal Supreme court cassation division decisions on Evidence issues.

    Page 4 of 4

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