Paper 5

PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS

This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to apply the principles of law of evidence in fraud/corruption investigations and have good understanding of the court trial processes.

On completion, a candidate should be able to

Apply the basic principles of evidence
Apply the burden and standards of proof in civil and criminal proceedings
Apply the criminal and civil justice system in practice

Content

1
Basic principles of evidence
1. 1.1
  What is evidence
2. 1.2
  Information versus evidence
3. 1.3
  Principles of evidence - relevance, reliability and admissibility
4. 1.4
  Types of evidence - direct and circumstantial evidence
5. 1.5
  Forms of evidence - testimonial, real and demonstrative evidence
6. 1.6
  Exculpatory and inculpatory evidence
7. 1.7
  Character and hearsay evidence
2
Burden and Standard of Proof
1. 2.1
  Burden and Standard of proof in criminal cases
2. 2.2
  Burden and Standard of proof in civil cases
3. 2.3
  Exceptions in the burden and standards of proof
3
Criminal Trial Process for Fraud and Corruption Cases
1. 3.1
  What is a criminal offence
2. 3.2
  Introduction to criminal law
3. 3.3
  Parties involved in a criminal trial
4. 3.4
  The rights of criminal suspect and defendant
5. 3.5
  The charging process and charging documents
6. 3.6
  Joinder of Counts and Joinder of Persons
7. 3.7
  Framing of charges
8. 3.8
  Defective charges
9. 3.9
  Amendment of charges
10. 3.10
  Discovery of evidence - adversarial and inquisitorial
11. 3.11
  Disclosure of evidence
12. 3.12
  Evidentiary legal privileges and protection
13. 3.13
  Prosecutorial bargaining agreements
14. 3.14
  Trial phases - Pre-trail and Trial
15. 3.15
  Fraud case/Criminal defenses
16. 3.16
  Sentencing
17. 3.17
  Appeal
18. 3.18
  Corporate criminal liability
19. 3.19
  Corporate deferred prosecution agreement
4
Civil Trial Process for Fraud and Corruption Case
1. 4.1
  What is a civil wrong
2. 4.2
  Civil procedure
3. 4.3
  Trial phases
4. 4.4
  Parties in a civil proceeding
5. 4.5
  Preservation of evidence
6. 4.6
  Discovery of evidence by the parties to the litigation
7. 4.7
  Disclosure of evidence
8. 4.8
  Civil appeals
9. 4.9
  Civil legal remedies
5
Presentation of Evidence in a Court of Law
1. 5.1
  Parties involved in court proceedings
2. 5.2
  Qualification for testifying as an expert witness
3. 5.3
  Characteristics and skills of an expert witness
4. 5.4
  Examination in chief (Direct examination)
5. 5.5
  Cross examination
6. 5.6
  Re examination
6
ALTERNATIVE DISPUTE RESOLUTION FOR RECOVERY OF FRAUD LOSSES
1. 6.1
  Mediation
2. 6.2
  Arbitration
3. 6.3
  Fidelity insurance