ABSTRACT

Legal evidence and proof are normally (and loosely) treated as coming down to the following issues. First, there must have been some or other historical (or sometimes future) reality or realities relevant from the point of view of the law (codified law, rules of adjudication, contract and so on). Second, rules of proof are to guide the legally authoritative establishment of such facts. This is the law of evidence. In the very beginning of legal conflict, fact-finding by police or by other bodies has pride of place. Even such fact-finding is limited by legal rules to a certain extent. In court, emphasis is on procedure, offering rights and opportunities to parties and others concerned to ‘tell their story of the case’.