What is the principle of orality in relation to evidence?

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The principle of orality in relation to evidence emphasizes the importance of presenting evidence verbally in court, which aligns with the fundamentals of evidence law, particularly in the context of oral testimony. This principle is rooted in the belief that the oral presentation of evidence allows for greater clarity and immediacy, enabling judges and juries to assess the credibility and demeanor of witnesses.

In court, witnesses testify by speaking directly to the judge or jury about their experiences or perceptions related to the case, which aids in establishing context and emotional resonance. This process also allows for cross-examination, where opposing parties can question the witness's statements, thereby illuminating any inconsistencies or biases.

In jurisdictions that adhere to this principle, while written evidence can certainly be admissible, it typically serves as a supportive complement to oral evidence rather than a substitute. Thus, the correct interpretation of the principle of orality underscores the necessity of verbal presentations in the judicial process, reinforcing its foundational role in determining the truth of the matters in dispute.

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