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Phipson on Evidence 18th edition
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Phipson on Evidence 18th edition

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Overview
Published Dec 2013 (Sweet & Maxwell)
ISBN: 9780414028500.
Description

By Hodge Malek QC

DESCRIPTION

  • Fully up to date with all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Considers a broad range of case law, including that of the Commonwealth Provides answers for civil and criminal practitioners who have an evidence-related question
  • Explores in detail the differences in gathering and admitting evidence in criminal and civil proceedings
  • Considers the burden and standard of proof Examines evidence taken or served prior to a trial
  • Considers the examination of witnesses
  • Looks at good and bad character Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Analyses the use and admission of opinion and expert evidence
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence

TABLE OF CONTENTS

  • Introduction
  • Defining the issues Judicial notice
  • Admissions
  • Estoppels
  • Burden and standard of proof
  • Relevance admissibility and weight; previous and subsequent existence of facts; the best evidence rule
  • Attendance of witnesses: witness summonses and letters of request
  • Competence and compellability, oath and affirmation
  • Evidence taken or served before trial; duty to disclose
  • Rules of evidence relating to the course of a trial: general
  • Rules of evidence relating to the course of a trial: Examination of witnesses
  • Evidence taken after trial
  • Corroboration and supporting evidence Identification
  • Physical conditions, states of mind and emotions
  • Character: general and introductory
  • Good character
  • Bad character of the accused (prosecution aspects)
  • Bad character of the accused (defence aspects)
  • Bad character of the co-accused
  • Bad character of persons other than the accused
  • Privilege: legal professional privilege
  • Privilege: other forms of privilege
  • Facts excluded by public policy
  • Loss and abuse of privilege
  • The implied undertaking
  • The rule against hearsay
  • Hearsay in civil proceedings
  • Hearsay in criminal proceedings
  • Res gestae and certain other exceptions to the hearsay rule in criminal proceedings
  • Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents
  • Opinion and expert evidence
  • Restrictions on the right to silence: introduction
  • Confessions Statements in the presence, and documents in the possession, of a party
  • Agency, partnership, companies common purpose, acting in a capacity
  • Judicial discretion to admit or exclude evidence
  • Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials
  • Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc. Contents of documents generally: primary and secondary evidence, contents of particular documents; public, judicial and private
  • Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents
  • Admission of extrinsic evidence in aid of interpretation and to rebut presumptions
  • Judgments
  • Appendix
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