Uniform Evidence Law Guidebook

Description

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. 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