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Relevancy; Collateral Matters

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Relevancy; Collateral Matters







Evidence must have such a relation to the fact in issue as to induce
belief in its existence or non-existence.

Evidence on collateral matters shall not be allowed, except when it
tends in any reasonable degree to establish the probability or
improbability of the fact in issue.

The rules prohibit the admission of irrelevant collateral facts only.

Circumstantial evidence is legal evidence and if sufficient, can
sustain a judgment. Circumstantial evidence is evidence of relevant
collateral facts.

Facts Relevant To The Issue
   - are those facts which render the probable existence or
     non-existence of a fact in issue, or some other relevant fact.

The effect of the pleadings is that they help in determining whether
the evidence offered is relevant to the case, for it is a familiar
proposition that the evidence must be confined to the facts put in
issue by the pleadings.

Relevance
   - Evidence has such a relation to the fact in issue as to induce
     belief of its existence or non-existence.

     General rule: Evidence on collateral matters is not allowed.

     Exception: When it tends in any reasonable degree to establish
     the improbability/probability of fact in issue.

Collateral Matters
   – Matters other than the fact in issue and which are offered as a
     basis for inference as to the existence or non-existence of the
     facts in issue.

Evidence may be relevant but immaterial to the case.

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Bigwas

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