PDF Notes: Enhanced_Classification_of_Evidence_Kenyan_Law (4)

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    What defines oral evidence?

    Testimony from witnesses based on their own perceptions.

    How does documentary evidence differ from oral evidence?

    Documentary evidence is recorded information, while oral evidence is verbal testimony.

    What is required for primary evidence to be admissible?

    The original document must be produced in court.

    What is secondary evidence?

    Copies or descriptions used when primary evidence cannot be produced.

    What is hearsay evidence?

    Statements made outside court, offered to prove the truth of the matter asserted.

    Why is hearsay evidence generally inadmissible?

    It prevents cross-examination of the original source.

    What is expert evidence?

    Opinion from a qualified individual to help the court understand complex matters.

    What distinguishes electronic evidence from other types?

    It is data generated or stored in digital form.

    What must be proven for real evidence to be admissible?

    Relevance and proper preservation of the physical object.

    What is the best evidence rule?

    Primary evidence must be presented to prove a document's contents.

    What are the conditions for using secondary evidence?

    The original must be lost, destroyed, or in the possession of another party.

    What is the role of a character witness?

    To testify about a party's character or reputation.

    What is required for electronic records to be admissible?

    Certification of authenticity and compliance with specific standards.

    What is the significance of chain of custody in real evidence?

    It ensures the item has not been tampered with and is the same as presented.

    What are the exceptions to the hearsay rule?

    Dying declarations, statements in public documents, and spontaneous statements.