COURSE DESCRIPTION
In general, this courses, intends to equip candidates with knowledge and skills about rules of evidence applicable in the courts including issues of admissibility, relevancy, hearsay evidence, admissions, confessions, proof and presumptions. Therefore, this course introduces students to the basic rules and principles of law of evidence. It commences by giving a historical perspective of the law of evidence in Tanzania. Then, it examines various rules and principles of the subject of evidence, in this aspect the course will explores the rules for fact finding in the judicial process, with particular emphasis on the rules of evidence.
LEARNING OUTCOME
By the end of the course, students will be able to:
- Acquaint
themselves with the origins and purpose
of the law of evidence;
- Acquired basic elements of the rules of evidence,
including materiality, relevance, probative value and the exclusionary
principle;
- Use the rules of evidence in determining what
evidence is necessary in the prosecution or defence of a legal action and
whether or not such evidence is admissible;
- To acquaint
students with the nature and admissibility of electronic evidence
COURSE CONTENT
- The
Meaning, Types, Role, and value of evidence in administrative of justice;
- Rules and
principles of evidence in the identification and use of relevant facts
- Relevance and confessions, evidence of opinion
- Evidence of character;
- Facts not
requiring proof documentary evidence
- Relevancy of judgments in proceedings
- Burden of
proof; presumptions; witnesses –competence, compellability and weight of
evidence
- Examination
of witnesses, contemporary issues in evidence e.g. electronic evidence and
forensic evidence.
COMPULSORY READING MATERIALS
- Dennis, I, (2007).
The Law of Evidence, Sweet &
Maxwell,
- Keane, A, (2008).
The Modern Law of Evidence, OUP
Oxford,
- Malek, H.M (2005). Phipson on Evidence, Sweet & Maxwell,
- Mason, S. (2007).
Electronic Evidence: Disclosure,
Discovery and Admissibility. Butterworths Law,
OPTIONAL READING MATERIALS
- Morris,
H.F, (1968). Evidence in East Africa,
Sweet & Maxwell,