OROMIA POLICE COLLEGE DIRECTORS OF

EDUCATION AND TRAINING

Crime Investigation And Forensic Science Division
Diploma Program
MODULE NAME: LAW OF EVIDENCE
MODULE CODE: (Mloe133)
TOTAL HOURS:(81Hhrs)
AUGUST, 2025
ADAMA
 Meaning, Nature and purpose of Evidence law
Evidence Law defined
Definition and Concept of Evidence
• Evidence originates from the Latin term "evidentia,"
meaning to show clearly, make clear to the sight,
discover clearly certain, ascertain or to prove.
• Evidence is something presented before the court for the
purpose of proving or disproving an issue under question.
• Evidence law does not consider all facts traditionally
considered as evidence, but rather the means of
satisfying the court of the truth or untruth of disputed fact
between the parties in their pleadings.
 Definition of Evidence Law
• Different writers define evidence law according to their
perceptions, but some define it more elaborately.
Melin's Comprehensive Definition of Evidence Law
• The law of evidence is the body of legal rules developed
and enacted to govern:
- Facts that may be considered in court: Facts in issue and
relevant to facts in issue.
- Methods of securing consideration of these facts: Proof,
oral evidence, certain facts, judicial notice, and judicial
admission.
- The party that must secure consideration of what facts: The
burden of proof and degree of proof required to win the case
 Nature of Evidence Law
• Evidence law is categorized under both substantive
and adjective laws.
• Adjective laws focus on presenting cases to court
and enforcing rights and duties provided by
substantive laws.
• Substantive laws define rights and duties, but these
are crucial for effective adjudication of cases.
• Evidence law is a part of adjective law, addressing
issues like standard of proof, facts to be proved or
not, and valves for each term of evidence.
 Nature….
• Evidence law shares commonality with
procedural laws, as both enforce
substantive law.
• Evidence law falls within the general
category of Adjective laws, dealing with
the enforcement of substantive law.
• Not all nations have their own code of
evidence, but rules of evidence are found
widely scattered in both substantive and
procedural law.
 Purpose and Significance of Evidence Law

a) Evidence provides the court with information and

convinces the court to accept a particular version of
events.
b) The law of evidence regulates the process of proof in
both criminal and civil proceedings.
c) The law of evidence also has a moral purpose by
establishing and regulating the rules relating to the
process of proof in proceedings in courts and tribunals.
d) In criminal cases, the law of evidence protects the
accussed's right to affair trial by excluding potentially
relevant evidences.
e) Evidence obtained through unlawful means cannot
contribute to the maintenance of justice .
 Development of Evidence Law: An
Overview
o Evidence law dates back to ancient times when disputes
were settled before third parties.
o Ancient Greeks, Egyptians, and Mesopotamians recognized
the need for evidence.
Early Evidence Means
o Ancient means of proof were divided into two: proof by
ordeals and proof by oath.
o Ordeals involved subjecting someone to painful
experiences, with the outcome being considered proof of
innocence or guilt.
o Proof by battle involved a fight between the victim and the
accused, with the winner being considered criminal.
 Cont…
Proof by Oath
• After the 15th century, proof by oath replaced
ordeals as it was deemed irrational.
• Oaths were used to prove or disprove alleged
facts, but supporting witnesses were also required.
Modern Evidence Rules
• Scholars' writings, judicial decisions, and laws
enacted at different times influenced the
development of evidence rules.
 Cont…
Proof Methods in Traditional Highland Ethiopia
• The "laeba shay" method was used to solicit
admission from a suspect.
• The "Afersata" or "awchachign" method
involved the participation of the whole
community.
• However, these methods have limitations, as
suspects cannot challenge the veracity of the
evidence.
 Evidence in Civil and Common Law
Legal Systems
o The Anglo-American (common law) and
continental (civil law) legal systems are
major global legal traditions.
o Some argue that human relations in
common law and continental systems are
similar, but differences may be due to form
or emphasis.
o Differences exist in the rules of evidence
and weights attached to different types of
evidence.
 Evidence in Civil and Common Law
Legal Systems difference
Features Common law legal system Civil law legal system

organizat •Different rules of • Civil law system did not

ion of evidence or code of lead in codifying evidence
the rule evidence determine law, despite its character.
of admissible and non- •No fear of jury compelled
evidence admissible evidence. to compel an independent
Main Reason for code of evidence law
Separate • Protection of individual
•Mistrust of Juries due rights and fair determination
to lack of experience of fact are equally secured
and prejudices. by a system involving
•Rules set to control professional Judges.
objective evidence
analysis.
 Cont.
Features Common law legal system Civil law legal system

the sources o Common law countries have o In the continental system,

of evidence separate codes of evidence laws are enacted by the
rules law parliament, and judges are
o Lower courts are bound by required to follow higher
higher courts' decisions or court decisions.
previous decisions to ensure o Past decisions can be
uniform law application. helpful to other courts
o Judges have the authority to when confronted with the
make laws, including evidence same question.
rules, in the common law o In Ethiopia, all courts are
system bound to follow decisions
made by the federal
Supreme Court's cassation
bench on question of law.
 Cont…
Featur Common law legal Civil law legal system
es system
the Adversarial System: Inquisitorial System:
system o Provides a party-lead o Courts make inquiries, question
of system where two witnesses, direct police
inquiry parties present investigations, commission expert
competing versions of witnesses, and examine all
the truth. relevant evidences.
o Judges act as o Trial judge plays a more active
impartial umpires, role, ensuring fair trials and
ensuring fair play and respecting procedural rights.
policing trial rules. o Advocates' questions are limited
to clarifying points and obtaining
further information.
 Cont..
Featur Common law legal Civil law legal system
es system
on the o Emphasizes oral testimony  Emphasizes written evidence,
types of of parties and witnesses including notary-attested records and
evidenc o Documentary evidence is registrations.
es they considered inferior to oral  Documents are believed to be reliable
emphasi evidence. and manageable.
zed o Witness presence allows for  Witness testimony is based on
observation of demeanor, recollections of different people who
testimonies, and cross- witnessed the events.
examination.  Recollection is not always accurate,
o Testimonies are given on especially if the event was over
oath, ensuring high degree quickly or in fear.
of truth.  Risk of memory loss over time and
o Common law countries and potential bias in witness accounts.
their adversarial trials  Reliable witnesses are difficult to
embrace the principle of obtain due to death, disappearance, or
morality. mental illness.
 Both systems have written and oral
evidence, but their emphasis differs.
 Cont…
Features Common law Civil law legal system
legal system
parties • Parties are competent Parties are generally not considered
themselves witnesses in their own witnesses in their own case due to
competent case, even if they plead their interest in the outcome of the
witnesses not guilty. litigation.
in their own • The defendant is not a • This exclusion extends to third
case competent witness for the parties, such as spouses, relatives,
prosecution but a and related persons.
competent witness in his
own defense.
 Determining Competent Witness in
Ethiopian Civil and Criminal Context
• Parties are competent witnesses in civil proceedings
and are required to take an oath before testimony.
• However, there is no consensus on whether the
accused person is competent witness in criminal
proceedings.
• The accused can make a statement in answer to the
charge and call witnesses in his defense, but is not
required to make his statements on oath.
• The accused has the right to produce any evidence,
including their own testimony in their defense, as per
Art 20 (4) of the FDRE constitution.
 Cont…
Feature Common law Civil law legal system
s legal system

hearsay o Common law o In civil law, judges have discretion to

evidence emphasizes oral determine the admissibility of
admissibl argument and evidence, leaving the court to decide
e as a persuasion, the value of what has been said.
rule excluding hearsay o Different approaches to evidence in
evidences. these systems result in different
o Hearsay evidence litigation costs.
lacks accuracy o Litigation in common law systems
tests, like cross- like England is significantly more
examination and costly due to high advocate
physical presence participation and emphasis on oral
of the real witness evidences.
Key Differences Between Rebuttable and Irrebuttable Presumptions

Feature Rebuttable Irrebutable

Presumption Presumption
Challenge Can be disproven by Cannot be
ability evidence disproven
Burden of Shifts to the opposing No opportunity to
Proof party rebut
Flexibility Adjustable based on Rigid and
facts absolute
 Cont…
Conclusion
• Rebuttable presumptions allow flexibility in
legal proceedings by permitting parties to
present counter-evidence,
• Irrebuttable presumptions enforce strict legal
rules that cannot be disputed.
• Understanding these concepts is essential in
litigation, statutory interpretation, and
criminal law
 Permissive Presumptions
• Permissive presumptions are not mandatory and are prescribed
under the law, with the phrase "may presume" indicating their
permissive nature.
• The court has two options: calling the production of evidence or
considering the disputed fact as established.
• The question arises whether the party against whom the
presumption is made has a right to rebut it.
• There are three arguments: the first is that once the disputed fact
is considered established, the other party has no right to rebut it,
resembling irrebutable presumptions.
• The second argument suggests that the burden of proof is shifting
to another party, allowing them to rebut the presumption, making it
unfair.
• The third argument considers permissive presumptions as
rebutable presumptions, relying on the court's discretion.
 Judicial notice
• Judicial notice refers to situations where the judicial
system assumes a factual proposition to be true
without proof. It involves facts that a judge can
gather from their knowledge or personal inquiries.
• In cases where the matter is well-known, such as
Ethiopia's capital, Guenbot 20 holiday, or criminals'
unhappy lives, the court may take judicial notice.
• This practice helps shorten trials and is left to the
discretion of the court. However, laws may require
courts to take judicial notice, such as laws
published in Negarit Gazette..
 What facts are subject of judicial notice?

• In common law countries like England; the law

recognizes two forms of judicial notice: judicial
notice without inquiry and judicial notice after
inquiry.
• Judicial notice without inquiry at common law is
taken in respect of those facts that are so much
part of common knowledge that they require no
proof and cannot be rebutted in evidence.
• The court may also take judicial notice without
inquiry of certain matters prescribed by the law
 Cont…
• judicial notice after inquiry applies to those facts that are
not so notorious or part of common knowledge of which
notice may be taken by the judge after he has made
appropriate inquires .
• The inquiry may include referring to text books, works of
reference, certificates from government officials and oral
statements from witnesses.
• Most cases, which fall in to this category of judicial notice,
relate to facts of a political or historical nature or matters of
custom or professional practice.
• Generally facts of which the court may take judicial notice
can be classified as judicial notice of adjudicative facts and
judicial notice of laws /legislative facts. In the following
sections we will discuss them in detail.
 Judicial notice of adjudicative facts

• Judicial notice is invoked when a proposition

appears overwhelmingly probable, even
without evidence.
• This can be common knowledge or
determined by unquestioned sources.
• Judicial notice is only allowed in cases
beyond reasonable dispute, and parties may
need to submit proof.
 Fact Of Common Knowledge
o A fact of common knowledge is a fact
generally known by the ordinary intelligence
of the people and beyond dispute.
o It is not something one knows due to their
academic background but is shared by all
people.
o Judges should consider the general
knowledge of the community towards the fact.
 The Principle of Judicial Notice
• A fact to be taken as a fact of common knowledge doesn't
have to be universally known.
• It is sufficient if a fact is a fact of common knowledge in the
territorial jurisdiction of a trial judge.
• Personal knowledge is excluded to increase the confidence
of the society on the judiciary.

The Role of Judges in Judicial Notice

• Judges may not be aware of a fact if it is a common
knowledge in the society.

• The judge's justification in taking judicial notice should

be based on whether the fact is known by the people in
general.
 Verifiable Facts in Court Proceedings
Understanding Veritable Facts
• Verifiable facts are facts that can be ascertained through
authoritative means and public knowledge.
• These facts are often related to science, history, and art.
• Examples include the possibility of epilepsy, the date of the
Ethio-Eritrea war, geographical facts, and political
subdivisions.
Reference Criteria
• References should be undisputed authorities and the fact
must be unchallenged.
• Texts may reflect personal opinions or political views,
making them difficult to verify unless they are authoritative.
 Determining Authority
• The existence of different ideas does not make a
fact unauthoritative.
• Courts can use references that are acceptable
by the majority and up-to-date.
• For historical facts, history texts are preferred
due to their higher public knowledge potential.
Proof Submission
• If there is doubt about the truth of the fact, proof
should be submitted to the court.
• High level of ascertainment is required for
verifiable facts.
 Judicial Notice of Law in Civil and
Common Law Countries
Understanding Judicial Notice of Law
• Judicial notice of law is the process by which courts
determine the applicable law in a case.
• In civil law countries, the process is characterized by
codification of laws, making it relatively easy for judges
to take judicial notice of law.
• In common law countries, judges are authorized to
make laws and all subordinate courts are bound to
follow the decisions of the higher court.
Difficulties in Judicial Notice of Law in Common Law Countries

• In common law countries, judges may face

difficulties in taking judicial notice of law
due to fundamentally different conclusions
from two decisions.
• This can lead to uncertainty about the
effects on marriage and the need for social
psychologists.
 Which Laws are Subject to Judicial
Notice of Law
• The term "law" covers a wide field, including state
venue laws, laws of other sister states, foreign laws,
international laws, customary laws, administration
regulations, and directives.
• The federal Negarit Gazeta establishment proclamation
no 3/1995 mandates all federal or regional legislative,
executive, and judiciary organs and any natural or
judicial person to take judicial notice of laws published
in Federal Negarit Gazeta.
• Courts can take judicial notice of law if the law should
be published in Negarit Gazeta and the Federal Negarit
Gazeta
Federal Laws in Ethiopia: An Overview
• Federal laws are enacted by the federal law-
making organs, including proclamations,
administrative regulations, and directives.
• The House of People Representatives (HPR)
can enact specific laws under art 55(2) of the
FDRE constitution, labour code, commercial
code, and criminal codes.
• The HPR can enact civil laws if necessary to
establish and sustain one economic community.
• Federal laws are equally laws of each state, and
state courts will notice them.
 Cont..
• The question arises whether regional courts have a duty to
take judicial notice of federal laws enacted in
administrations directly accountable to the federal
government.
• International agreements ratified by Ethiopia are
considered federal laws, and if published in federal Negarit
Gazeta, all courts have a duty to notice them.
• Administrative regulations and directives are always
noticed as they are published in the Federal Negarit
Gazeta.
• The interpretation of law rendered by the federal supreme
court cassation bench is binding on federal and regional
courts of all level.
• The existence of state laws may not be noticed as they are
not published in the federal Negarit Gazeta as laws.