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Selasa, 29 Maret 2016

Evidence

Evidence, as used in judicial proceeding, has several meanings. The two mainsenses of the word are: firstly, the mean apart of aguement and inference, whereby the court if informed as to the issues of fact as ascertained by the pleadings; secondly, the subject matter of such means. The word is also use to denote that some fact maybe admited as proof and also in some cases that some fact has relevant to the issues of fact”. Sir Roland Burrows

By Sir Roland Burrows theres are important aspects that must be considered in evidence, that is:
1. Wheter old
2. Testimony
3. Documentary or real

But, Milton C. Jacobs had different arguement about evidence
“the object of evidence is to inform the trial tribunal of the material facts, which are relevant as bearing upon the issues, in order that the truth maybe elicited and a just determination of the controversy reached”

Milton C. Jacobs saw there is two evidentiary purpose:
1. To reach the truth
2. To make decision

From both of opinions writter can conclude that evidence is an attempt by the parties to resolve the dispute to give certainty of the truth of certain laws, using evidence prescribed by the law so it can produce a determination or rulling by court.

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