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The admissibility of evidence is a cornerstone of any legal system, defining what information can be presented during a trial. Evidence must meet specific legal criteria to be deemed admissible, ensuring that trials are fair and just. This article delves into the concept of admissibility of evidence, focusing on its general principles and particularities within Ethiopian law.
Read more: Admissibility of Evidence: A Comprehensive Overview with Reference to Ethiopian Law
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In both criminal and civil proceedings, the law of evidence has a number of purposes. However, due to the different nature of civil and criminal cases, the rules applicable on them may be different. The civil case is one instituted by individual for the purpose of securing redress for a wrong, which has been committed against him, and if he is successful he will be awarded money or other personal relief. While, a penal prosecution is instituted by the government for the purpose of securing obedience to its laws by the punishment or correction of the lawbreaker. Therefore, since the relief sought as well as the purpose of instituting civil and criminal cases is different, the existence of difference regarding the strict nesses of the evidentiary rules applicable on those two cases seems proper.
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The development of the Ethiopian evidence rule is traced back to the ancient days Fitha-Negest, the document which governs the spiritual and secular life the society before the enactments of modern codes. The document contains many provisions dealing about proof and means of proof, for instance it stressed the importance of man's oath in court and prevented parties and their kinsmen and close relatives from testifying. Moreover, it stresses the value of witnesses and contains its own hearsay rule. There is, there fore, a tradition of oral evidence in the ancient Ethiopian system.
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There are two major legal systems (legal traditions) in the world.
They are (1) The Anglo - American (or the common law legal system). And (2) The continental or the civil law legal system.
Is there a difference between the two legal systems regarding evidence rules?
Some argues that, it is hard to think of human relation in common law legal system to be completely different from that of the continental system and to be ruled entirely by different legal tradition they follow, the gap narrows. The points, which differential them, may relate to form or emphasis with some respects.