ABSTRACT

In this chapter I shall deal with two matters that seem to me to be fundamental in any study of the law of evidence. First, I shall try to say something about the nature of the subject matter. This is not as obvious as is sometimes assumed. The concept of evidence is an ambiguous one, and this has to be appreciated in order to avoid misunderstanding when reading evidence texts.1 In the second section I shall consider relevancy. The understanding of this concept is vital. It is needed for the preparation and presentation of cases generally. In addition, the law which governs the admissibility of testimony often depends on an exact assessment of the probative job in the case as a whole – ie the relevancy – of any contested item.2