Document Type
Book Chapter
Publication Date
2020
Keywords
Bar Exam Study, Nova Scotia Barristers' Society, Evidence, Canada
Abstract
“Evidence” is what, in our adversary system, the parties attempt to place before the neutral factfinder in order to prove their case (or disprove their opponent's case). We follow the principle of party-presentation: parties determine what specific items of evidence are offered for proof, while the impartial judge or decision maker will determine which items are “admissible” evidence, in accordance with principles of law. At the end of the trial or hearing, the fact-finder (jury, judge, tribunal, decision maker) will determine which of those admissible items of evidence are believed or not, in formulating “fact-guesses” or “findings of fact”.
Recommended Citation
Rollie Thompson, "Evidence" in Caron Ferguson Eagan, ed, Bar Review Materials (Halifax: Nova Scotia Barristers' Society, 2020).
Included in
Evidence Commons, Legal Education Commons, Legal Profession Commons
Comments
The materials below are the study outlines from the July 2020 and January 2021 Bar Examinations. The materials are not intended to provide legal advice, and should not be relied upon by articled clerks, transfer applicants, lawyers or members of the public as a current statement of the law.
Please note: The Bar Review Materials are updated every three years. They were last updated on May 1, 2020.