LAW OF EVIDENCE STUDY NOTES
LEARNING UNIT 2: CONCEPTS IN THE LAW OF EVIDENCE:
1. SUBSTANTIVE AND ADJECTIVAL LAW
SA LAW
SUBSTANTIVE LAW PROCEDURAL ADJECTIVE LAW
(i.e., criminal law) (i.e., criminal procedure & law of
evidence)
LAW OF EVIDENCE
Proof of facts in issue by
means of:
Evidence Formal Judicial Presumptions Privilege
Admissions Notice
SUBSTANTIVE LAW:
It is the legal relationship between legal subjects which determines the rights, duties, powers and
remedies of a legal subject. Examples are: criminal law, delict, contract, family law, succession etc.
Examples of substantive criminal law: the issues of criminal liability are the act, wrongfulness, criminal
capacity and negligence or intention.
Stratford J in Tregea v Godart states, “Substantive law lays down what must be proved in any given
issue.”
ADJECTIVE / PROCEDURAL LAW:
It is the law which governs litigation. It gives the plaintiff / accused the methods / means / manner of
obtaining a legal remedy. A subdivision of adjective law is criminal procedure, which prescribes for
instance, how a person should be brought before the court by way of arrest, summons, or warning
to appear, and how his / her rights are to be protected in court with regard to the plea, the giving of
evidence, proof, conduct of the trial etc. The law of evidence is also part of adjective law and governs
the manner in which the facts in issue are legally proved before the court.
FACTA PROBANDA AND FACTA PROBANTIA
1
LEARNING UNIT 2: CONCEPTS IN THE LAW OF EVIDENCE:
1. SUBSTANTIVE AND ADJECTIVAL LAW
SA LAW
SUBSTANTIVE LAW PROCEDURAL ADJECTIVE LAW
(i.e., criminal law) (i.e., criminal procedure & law of
evidence)
LAW OF EVIDENCE
Proof of facts in issue by
means of:
Evidence Formal Judicial Presumptions Privilege
Admissions Notice
SUBSTANTIVE LAW:
It is the legal relationship between legal subjects which determines the rights, duties, powers and
remedies of a legal subject. Examples are: criminal law, delict, contract, family law, succession etc.
Examples of substantive criminal law: the issues of criminal liability are the act, wrongfulness, criminal
capacity and negligence or intention.
Stratford J in Tregea v Godart states, “Substantive law lays down what must be proved in any given
issue.”
ADJECTIVE / PROCEDURAL LAW:
It is the law which governs litigation. It gives the plaintiff / accused the methods / means / manner of
obtaining a legal remedy. A subdivision of adjective law is criminal procedure, which prescribes for
instance, how a person should be brought before the court by way of arrest, summons, or warning
to appear, and how his / her rights are to be protected in court with regard to the plea, the giving of
evidence, proof, conduct of the trial etc. The law of evidence is also part of adjective law and governs
the manner in which the facts in issue are legally proved before the court.
FACTA PROBANDA AND FACTA PROBANTIA
1
