Chapter 22
Versions of Truth
Introduction
Presenting Facts
Levels of Facts
I have always believed that there are three sides to every story: both sides
and the truth.
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Introduction
Step 1 Versions of Truth
A dispute of fact inherently involves two or more parties each of whom
propounds a different version of one or more of the material facts of the case.
Consequently, the first step in the model for proving facts is that parties
present their versions of the facts to the court.
Presenting Facts
Methods of proof are collectively referred to as evidence. These means of
presenting facts are as follows:
(1)
Observation. (i) A witness can give evidence to the court of things that
they observed. (ii) Evidence can be put to the court in the form of equipment
that makes observation such as a security camera and in the form of records
kept by an organisation. (iii) A court can observe some facts for itself. An
example is real evidence that has been tendered.
(2)
Induction. Induction is based on patterns of behaviour. If Fact X and
Fact Z are established Fact Y might be established by induction on the basis
that Facts X, Y and X commonly occur together.
(3)
Deduction. Scientific evidence by an expert witness usually involves
three basic steps. (i) Observation of some fact. (ii) Some scientific testing in
relation to this fact. (iii) Using deduction to conclude from the truth of some
additional fact based on the observed fact and the scientific testing.
(4)
Deeming Rules. Facts can be legally deemed to be true. This can
happen in any of four ways - by agreement, by admission, by presumption or
by statute. Frequently these will be readily apparent but parties will invariably
canvass them in their submissions to the court on fact finding, if not earlier in
the case.
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Iman “Diamonds dog supermodel” The Australian 14 August 2002
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