Law | Critical Appraisal On Opinion Evidence

Critical Appraisal On Opinion Evidence

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Critical Appraisal On Opinion Evidence     Abstract 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 Content COVER PAGECERTIFICATIONDEDICATIONACKNOWLEDGEMENTTABLE OF CASESTABLE OF STATUTESLIST OF ABBREVIATIONTABLE OF CONTENTSABSTRACTCHAPTER ONEGENERAL INTRODUCTION1.0.0 INTRODUCTION1.1.0 DEFINITION OF EVIDENCE1.1.1 CLASSIFICATION OF EVIDENCE1.2.0: BACKGROUND OF THE STUDY1.3.0 FOCUS OF STUDY1.4.0. SCOPE OF STUDY1.5.0. METHODOLOGY1.6.0. LITERATURE REVIEW1.7.0. CONCLUSIONCHAPTER TWOINTRODUCTION OF OPINION EVIDENCE2.0.0: INTRODUCTION2.1.0: ADMISSIBILITY IF OPINION EVIDENCE2.2.0: EXAMINATION OF THE GENERAL RULE2.2.1: RATIONAL FOR EXCLUSIONARY RULE2.2.2: EXCEPTION OF THE EXCLUSIONARY RULE2.3.0: CONCLUSIONCHAPTER THREEOPINION OF EXPERTS WITNESS3.0.0: INTRODUCTION3.1.0. THE SCOPE FOR EXPERT WITNESS3.2.0: CREDENTIALS OF EXPERT WITNESS3.3.0: OPINION AS TO FOREIGN LAW3.4.0: OPINION AS TO NATIVE LAW AND CUSTOM3.5.0: OPINION AS TO SCIENCE AND ART3.6.0: OPINION AS TO HANDWRITING AND FINGER IMPRESSION3.7.0CONCLUSIONCHAPTER FOUROPINION OF NON-EXPERTS WITNESS4.0.0:INTRODUCTION4.1.0:OPINION AS TO HANDWRITING4.2.0:OPINION AS TO GENERAL CUSTOM OR RIGHT4.3.0:OPINION AS TO USAGES AND TENETS4.4.0:OPINION AS TO RELATIONSHIP4.5.0:OTHER INSTANCES WHERE OPINION OF NON EXPERTS ARE ADMISSIBLE4.6.0:OPINION AS TO SPEED4.6.1:OPINION AS TO AGE4.6.2:OPINION AS TO IDENTITY4.6.3:OPINION AS TO MENTAL AND PHYSICAL HEALTH4.6.4:OPINION AS TO INTOXICATION4.7.0:CONCLUSIONCHAPTER FIVEGENERAL CONCLUSION5.1.0: RECOMMENDATION5.2.0: CONCLUSIONBIBLIOGRAPHYBOOKS

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