CRITICAL APPRAISAL ON OPINION EVIDENCE


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 Contents

CHAPTER ONE

GENERAL INTRODUCTION

1.0    INTRODUCTION

1.1     DEFINITION OF EVIDENCE

1.1.1  CLASSIFICATION OF EVIDENCE

1.2    BACKGROUND OF THE STUDY

1.3    FOCUS OF STUDY

1.4   SCOPE OF STUDY

1.5   METHODOLOGY

1.6   LITERATURE REVIEW

1.7   CONCLUSION

CHAPTER TWO

INTRODUCTION OF OPINION EVIDENCE

2.0   INTRODUCTION

2.1   ADMISSIBILITY IF OPINION EVIDENCE

2.2   EXAMINATION OF THE GENERAL RULE

2.2.1  RATIONAL FOR EXCLUSIONARY RULE

2.2.2 EXCEPTION OF THE EXCLUSIONARY RULE

2.3.0  CONCLUSION

CHAPTER THREE

OPINION OF EXPERTS WITNESS

3.0    INTRODUCTION

3.1.   THE SCOPE FOR EXPERT WITNESS

3.2   CREDENTIALS OF EXPERT WITNESS

3.3   OPINION AS TO FOREIGN LAW

3.4   OPINION AS TO NATIVE LAW AND CUSTOM

3.5   OPINION AS TO SCIENCE AND ART

3.6   OPINION AS TO HANDWRITING AND FINGER IMPRESSION

3.7   CONCLUSION

CHAPTER FOUR

OPINION OF NON-EXPERTS WITNESS

4.0   INTRODUCTION

4.1   OPINION AS TO HANDWRITING

4.2  OPINION AS TO GENERAL CUSTOM OR RIGHT

4.3  OPINION AS TO USAGES AND TENETS

4.4  OPINION AS TO RELATIONSHIP

4.5  OTHER INSTANCES WHERE OPINION OF NON EXPERTS ARE ADMISSIBLE

4.6  OPINION AS TO SPEED

4.6.1  OPINION AS TO AGE

4.6.2  OPINION AS TO IDENTITY

4.6.3  OPINION AS TO MENTAL AND PHYSICAL HEALTH

4.6.4  OPINION AS TO INTOXICATION

4.7    CONCLUSION

CHAPTER FIVE

GENERAL CONCLUSION

5.1.    RECOMMENDATION

5.2    CONCLUSION

BIBLIOGRAPHY

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