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Uniform Evidence: Second Edition
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Uniform Evidence: Second Edition

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Overview
Published 8 Oct 2014 (OUP)
ISBN: 9780195521054. Soft cover.
Description

Jeremy Gans, Andrew Palmer

Uniform Evidence is a clear and concise introduction to the rules of evidence, as they apply to Australian courts. Written in an engaging and accessible style, the second edition covers all uniform evidence law jurisdictions including the courts of the Commonwealth, New South Wales, Australian Capital Territory, Victoria, Tasmania and most recently the Northern Territory.  The book explains and critiques uniform evidence law, with case examples to illustrate the practical applications of uniform evidence law and flowcharts to clearly summarise complex legal rules and issues.

 

New to this edition

  • Now covers all of the UEL jurisdictions including the Northern Territory and Tasmania
  • Updated to include significant and recently decided cases
  • Updated to reflect all amendments to the legislation
Table of Cases
Table of Statutes

1. Uniform Evidence Law
1.1 Evidence law
1.2 Uniform law
1.3 Other laws

PART 1: ADDUCING EVIDENCE
2. Witnesses
2.1 Competence and compellability of witnesses
2.2 Failure to call witnesses
2.3 The examination of witnesses

3. Documentary and Real Evidence
3.1 Documents
3.2 Particular kinds of documents
3.3 Real evidence

PART 2: ADMISSIBILITY
4. Relevance
4.1 The fundamental rule of evidence
4.2 The different ways in which evidence can be relevant
4.3 Applying the test of relevance
4.4 Provisional relevance

5. The Hearsay Rule
5.1 Rationale for the hearsay rule
5.2 Scope of the hearsay rule
5.3 Contemporaneous mental and physical states
5.4 Evidence relevant for a non-hearsay purpose

6. Hearsay Exceptions
6.1 The role of hearsay exceptions
6.2 First-hand hearsay
6.3 Remote hearsay

7. Opinion
7.1 The opinion rule
7.2 Permitted opinions
7.3 Managing expert opinions

8. Admissions
8.1 Adverse inferences
8.2 Excluding admissions
8.3 Proving admissions

9. Judgments and Convictions
9.1 The exclusionary rule
9.2 Exceptions to the rule

10. Tendency and Coincidence
10.1 Tendency and coincidence reasoning
10.2 The exclusionary rules
10.3 Tendency evidence about rape complainant

11. Credibility
11.1 The nature of credibility evidence
11.2 The relevance of credibility evidence
11.3 The admissibility of credibility evidence
11.4 Cross-examination as to credibility
11.5 Rebutting denials by other evidence
11.6 Rehabilitating credibility
11.7 The credibility of hearsay
11.8 Expert evidence
11.9 The credibility of complainants in sexual offence trials

12. Character
12.1 Tendency and coincidence evidence about the defendant
12.2 The defendant’s credibility
12.3 The defendant’s character
12.4 Managing character evidence in jury trials

13. Identification
13.1 Identification evidence
13.2 Identification procedures

14. Privileges
14.1 The law of privilege
14.2 Professional confidential relationship privilege
14.3 Journalist privilege
14.4 Sexual assault counselling privileges
14.5 The privilege against self-incrimination
14.6 Evidence of matters of state
14.7 Evidence of settlement negotiations
14.8 Other privileges

15. Client Legal Privilege
15.1 Justification for the privilege
15.2 Scope of the privilege
15.3 Loss of privilege

16. Discretionary and Mandatory Exclusions
16.1 Nature of discretion
16.2 The general discretion to exclude evidence
16.3 General discretion to limit use of evidence
16.4 Exclusion of prejudicial evidence in criminal proceedings
16.5 Discretion to exclude improperly or illegally obtained evidence

PART 3: PROOF
17. The Burden and Standard of Proof
17.1 The burden of proof
17.2 The standard of proof

18. Facts That Can Be Proved without Evidence
18.1 The doctrine of judicial notice
18.2 Formal admissions and agreed facts

19. Warnings and Information
19.1 Uniform evidence law directions
19.2 Common law directions

20. Procedural Provisions
20.1 The voir dire
20.2 Advance rulings
20.3 Waiver of the rules of evidence
20.4 The giving of leave, permission and directions
20.5 The facilitation of proof
20.6 Ancillary provisions

Jeremy Gans - Professor, Melbourne Law School, University of Melbourne
Andrew Palmer - Barrister at Law; Association Professor, Melbourne Law School, University of Melbourne
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