Uniform Evidence Law Guidebook

✍ Scribed by John Anderson, Anthony Hopkins

• Publisher: OUP Australia & New Zealand
• Year: 2014
• Tongue: English
• Leaves: 300
• Category: Library

✦ Synopsis

The Uniform Evidence Law Guidebook is the latest in the Guidebook series. It covers the fundamentals of evidence law in the uniform jurisdictions in Australia. It facilitates student learning by using accessible and clear language to explain complex concepts. Questions throughout the text and at end-chapter mirror the assessment types that students will encounter during the course of semester, to help practice skills and consolidate content knowledge.

Central to this guidebook is its capacity to facilitate student engagement with the process of proof, drawing and maintaining explicit links between theory and practice. Through the use of a Criminal Trial Thread Scenario, the guidebook enables students to become active participants in a trial, promoting deep experiential learning. Witness statements and other materials are provided for the majority of topics areas, with each new statement requiring students to apply their acquired knowledge incrementally in a progressive and continuous manner as either prosecution or defence lawyers. This 'taste of reality' experience also allows for incremental development of important skills in oral communication, decision-making and advocacy. In other topic areas, review problems are provided to encourage students to develop their analytical problem-solving skills in relation to realistic and typical evidence issues arising in the context of criminal and civil litigation.

✦ Table of Contents

Contents
Preface
Acknowledgments
List of Figures and Tables
Chapter 1: Getting into Evidence
Introduction
Sources—the uniform Evidence Acts
Kinds of evidence
Relevance, admissibility and weight
Drawing inferences
Chapter 2: Proof and Presumptions
Introduction
Burden of proof
Standard of proof
Circumstantial evidence
Burden of proof in civil cases
Standard of proof in civil cases
Presumptions
Common knowledge and judicial notice
Chapter 3: Roles of Judge and Jury and the Judicial Discretion to Exclude Evidence
Introduction
Order of court proceedings
Functions of judge and Jury
Preliminary questions—the voir dire and admissibility of evidence
Judicial role and powers
Judicial obligation and the discretions to limit or exclude evidence
Discretion to admit improperly or illegally obtained evidence
Chapter 4: Witnesses and Adducing Evidence
Introduction
Competence and compellability of witnesses
Conduct of a trial in the adversarial process
Warning and information about unreliable evidence
Chapter 5: Documentary and Real Evidence
Introduction
Proof of the contents of a document including secondary evidence
Authenticity of a document
Real evidence
Views, demonstrations, experiments and inspections
Chapter 6: Privileges and Immunities
Introduction
The nature and operation of privilege
Client legal privilege
Loss or waiver of client legal privilege
Privilege against self-incrimination
Public interest immunity—‘matters of state’
Privilege in aid of settlement
Professional confidential relationships
Journalists’ privilege
Sexual assault counselling communications privilege
Chapter 7: Hearsay and Exceptions
Introduction
The hearsay rule and its rationale
Exceptions to the hearsay rule
Original use of a previous representation
First-hand hearsay
Statements about health, feelings, state of mind
‘More remote’ exceptions—business records
Other exceptions
Chapter 8: Admissions
Introduction
Nature and effect of admissions
Implied admissions—silence
Implied admissions—flight and lies
Exception to hearsay rule
Voluntariness and reliability of admissions
Statutory recording requirements for admissions in criminal cases
Discretionary exclusion—unfairness
Discretionary exclusion—public policy
Chapter 9: Opinions, Judgments and Convictions
Introduction
Fact and opinion distinction
The opinion rule
Exception 1—multiple relevance
Exception 2—lay opinion
Exception 3—Aboriginal and Torres Strait Islander traditional laws and customs
Exception 4—expert opinion
Ultimate issue and common knowledge
Criminal convictions
Civil judgments
Chapter 10: Disposition Evidence I: Credibility and Character
Introduction
Credibility evidence
The credibility rule
Exceptions to the credibility rule
Credibility of the defendant in criminal cases
Character evidence
Character of the defendant in criminal cases
Chapter 11: Disposition Evidence II: Tendency and Coincidence
Introduction
Common law origins of the exclusionary rule
General features of the legislative scheme
The tendency rule
The coincidence rule
Further admissibility restriction in criminal cases
Cases not involving tendency or coincidence reasoning
Relationship or context evidence
Chapter 12: Identification Evidence
Introduction
Meaning of identification evidence
Exclusion of visual identification evidence
Exclusion of picture identification evidence
Judicial warning
Other kinds of ‘identification’ evidence
Table of Cases
Table of Statutes
Index