CFFE Principles of Law of Evidence & The Trial Process notes

CFFE Principles of Law of Evidence & The Trial Process notes


1. Basic principles of evidence

1.1 What is evidence
1.2 Information versus evidence
1.3 Principles of evidence – relevance, reliability and admissibility
1.4 Types of evidence – direct and circumstantial evidence
1.5 Forms of evidence – testimonial, real and demonstrative evidence
1.6 Exculpatory and inculpatory evidence
1.7 Character and hearsay evidence

2. Burden and Standard of Proof

2.1 Burden and Standard of proof in criminal cases
2.2 Burden and Standard of proof in civil cases
2.3 Exceptions in the burden and standards of proof

3. Criminal Trial Process for Fraud and Corruption Cases

3.1 What is a criminal offence
3.2 Introduction to criminal law
3.3 Parties involved in a criminal trial
3.4 The rights of criminal suspect and defendant
3.5 The charging process and charging documents
3.6 Joinder of Counts and Joinder of Persons
3.7 Framing of charges
3.8 Defective charges
3.9 Amendment of charges
3.10 Discovery of evidence – adversarial and inquisitorial
3.11 Disclosure of evidence
3.12 Evidentiary legal privileges and protection
3.13 Prosecutorial bargaining agreements
3.14 Trial phases – Pre-trail and Trial
3.15 Fraud case/Criminal defenses
3.16 Sentencing
3.17 Appeal
3.18 Corporate criminal liability
3.19 Corporate deferred prosecution agreement

4. Civil Trial Process for Fraud and Corruption Case

4.1 What is a civil wrong
4.2 Civil procedure
4.3 Trial phases
4.4 Parties in a civil proceeding
4.5 Preservation of evidence
4.6 Discovery of evidence by the parties to the litigation
4.7 Disclosure of evidence
4.8 Civil appeals
4.9 Civil legal remedies

5. Presentation of Evidence in a Court of Law

5.1 Parties involved in court proceedings
5.2 Qualification for testifying as an expert witness
5.3 Characteristics and skills of an expert witness
5.4 Examination in chief (Direct examination)
5.5 Cross examination
5.6 Re examination


6.1 Mediation
6.2 Arbitration
6.3 Fidelity insurance


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