“A Critical Analysis of the Evidential Value of Confessional System in Civil Law and Common Law Countries Bangladesh and French Perspective”

ABSTRACT

The law of evidence also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact (which might be a judge or a jury) in reaching its decision and, sometimes, the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction

Evidence is something that provides the grounds for belief tending to prove or disprove the existence of any particular fact. Every case needs evidence to prove its facts in issue. The Judge determines the facts in issue of a case by hearing both parties. Parties of case give evidence to prove or disprove or not prove the facts in issue, but they cannot present evidence whatever they want. They have to follow some rules in this regard.

Common law also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes  or executive branch action. A “common law system” is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called “common law” and it binds future decisions.

Common law and equity are systems of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions.

TABLE OF CONTENT

DESCRIPTION	Page No.
Letter of Submission	i
Declaration	ii
Approval	iii
Title	iv
Dedication	v
Acknowledgement	vi
Abbreviation	vii
Abstract	viii
CHAPTER-01 INTRODUCTION
1. Introduction	01
1.2 Statement of Research Monograph	03
1.3 Research Question	04
1.4 Objective of the Study	05
1.5 Justification	05
1.6 Bangladesh at a Glance	06
1.7 Methodology of the study	07
1.8 Limitation of the work	07
CHAPTER-02 CONCEPTUAL ISSUES
2.1 Definitions	08
2.2 Classification of Evidence	09
2.3. Evidentiary Value of Different Types of Evidence	10
2.4 Evidentiary Value of Dying Declaration as an Exception to Hearsay Evidence	14
2.5 Common law	15
2.6 Civil Law	16
2.7 Common Law Approach to Interpretation.	17
CHAPTER-03 Evidential Value of Confessional System in Civil Law and Common Law in Bangladesh
3.1 Common law	18
3.2 Civil law	20
3.3 Religious and sharia law	23
3.4 Pluralistic systems	24
3.5 Civil law and sharia law	26
3.6 Evidential Values of Confessional System in Civil Law And Common Law	26
CHAPTER-04 Evidential Value of Confessional System in Civil Law and Common Law in French
4.1 The Common Law and Civil Law Traditions	27
4.2 Evidential Value  of Civil Law	28
4.3 Evidential Value of French Common Law	29
.4 Civil law influences in French law	31
CHAPTER-05 Analysis of Evidential Value of Confessional System in Civil Law and Common Law
5.1 Common Human Experience in Law	32
5.2 Probative Value of Relevancy of Certain Evidence	33
5.3 Evidentiary Value of Confessional Statement:	35
5.4 Evidentiary Value of Examination of the Accused under Section 342	38
5.5 Documentary Evidence	42
5.6 Section 157 of the Evidence Act is as follows	43
CHAPTER-06 Recommendations	49
CHAPTER-07 Conclusion	51
References	52