ABSTRACT
This chapter begins with an epistemological point of view to explain why evidence is needed in the first place. It then provides an overview of some of the key concepts of evidence law, such as relevance and types of evidence. They will help the reader understand the mechanisms of admissibility rules, as will the principle of free proof. It suggests that the starting point is the free use of evidence, making any restrictions the exception. Such restrictions are rules of evidence, another key concept which is defined in this chapter. For the purposes of this book, rules of evidence should be understood in a narrow sense. As the last theoretical remarks, a framework is introduced to help the reader understand the basic structure of the Court’s overall fairness assessment. That model will be used in the subsequent chapters to explain the various rules of evidence which have emerged from the Court’s case law.
