Question One: Rationale and Exceptional Circumstances Where Courts Treat a Fact as Proven Without
Evidence
Rationale:
Courts may treat a fact as proven without requiring formal evidence in certain circumstances to:
1. Promote Judicial Efficiency– Avoid unnecessary delays in cases where facts are undisputed or obvious.
2. Ensure Fairness – Prevent parties from being forced to prove universally accepted facts.
3. Uphold Legal Presumptions – Recognize legal and factual presumptions that shift or eliminate the
burden of proof.
Exceptional Circumstances (Under Ethiopian Law):
1. Judicial Notice (Art. 141, Evidence Proclamation No. 881/2015)
- Courts accept facts that are:
- Common knowledge (e.g., Addis Ababa is the capital of Ethiopia).
- Capable of accurate verification (e.g., official government records).
2. Presumptions (Arts. 142–145)
- Rebuttable Presumptions (e.g., a child born during marriage is presumed legitimate).
- Irrebuttable Presumptions(e.g., a child under 15 cannot form criminal intent under Ethiopian law).
3. Admissions & Stipulations (Art. 256, Civil Procedure Code)
- If a party formally admits a fact, no further proof is required.
4. Default Judgments (Art. 140, Civil Procedure Code)
- If a defendant fails to respond, the court may accept the plaintiff’s allegations as proven.
5. Established Legal Doctrines (e.g., Res Judicata)
- Facts already decided in a prior case cannot be re-litigated. Question Two: Relevance and
Admissibility of Evidence Under Ethiopian Evidence Law
1. Relevance (Art. 10, Evidence Proclamation)
Evidence must have a logical connection to a fact in issue. Courts assess whether it:
- Tends to prove or disprove a material fact.
- Is sufficiently probative (not speculative).
2. Admissibility Criteria
Even if relevant, evidence may be excluded if it violates legal principles:
- Hearsay Rule (Arts. 37–41)– Generally inadmissible unless an exception applies (e.g., dying
declarations).
- Privileged Communications (Arts. 23–26) – Lawyer-client, spousal, and state secrets are protected.
- Illegally Obtained Evidence (Art. 19)** – Excluded if obtained through coercion or constitutional
violations.
- Prejudice vs. Probative Value (Art. 12) – Excluded if its prejudicial effect outweighs its usefulness.
- Character Evidence (Art. 50)– Generally inadmissible unless directly relevant (e.g., defamation cases).
3. Expert & Documentary Evidence (Arts. 51–64)
- Must be reliable, properly authenticated, and presented by qualified witnesses.
Question Three: “Actori Incumbit Probatio” (Burden of Proof on the Plaintiff)
Meaning & Plausibility:
This Latin maxim means "the burden of proof lies on the plaintiff"and is a foundational principle in
evidence law because:
1. Fairness & Due Process
- The party making a claim (plaintiff/prosecutor) must prove it, ensuring defendants are not forced to
disprove unsubstantiated allegations.
2. Legal Certainty
- Prevents frivolous lawsuits by requiring claimants to present credible evidence.
3. Ethiopian Legal Framework
-Civil Cases (Art. 259, Civil Procedure Code)– The plaintiff must prove their case on a balance of
probabilities
- Criminal Cases (Art. 138, Criminal Procedure Code)** – The prosecution must prove guilt beyond
reasonable doubt.
4. Exceptions Where Burden Shifts
- Presumptions (Art. 143, Evidence Proclamation)– If a presumption applies (e.g., possession of stolen
goods), the defendant may need to rebut it.
- Statutory Exceptions– Some laws place the burden on the defendant (e.g., proving self-defense in
assault cases).
Choose the best answer
1.C 11.B. 21.B 31.B. 41.B
2.C 12.B. 22.C. 32.C. 42.B
3.C. 13.C. 23.B. 33.B. 43.C
4.C. 14.B. 24.A. 34.B. 44.B
5.B. 15.C. 25.B. 35.B. 45.B
6.D 16.B. 26.B. 36.C. 46.C
7.C. 17.A. 27.C. 37.A. 47.A
8.C. 18.B. 28.A. 38.B. 48.B
9.C. 19.C. 29.A 39.A 49.B
1O.B. 20.B. 30.A. 40.B. 50.C
