Semester 2, 2017

LAWS399 HD Evidence Law Summarised Notes

81 pages

17,073 words




LAWS399 HD Evidence Law Summarised Notes

Achieved total mark of 85 (High Distinction).

Consists of tables of legislations and case law for each topic of Evidence Law, for easier application to Hypothetical problems.

Total Pages = 81

Topics Covered:

1. Relevance

2. Hearsay

2A. First-hand Hearsay Exception:
i)Civil ā€“ Declarant Available or Declarant Not Available
ii)Crim ā€“ Declarant Available or Declarant Not Available

2B. Contemporaneous Mind Hearsay Exception

2C. Other Hearsay Exceptions:
i)Multiple Relevancy
ii)Business Transaction Records Exception

3. Admissions
3A. Silence
3B. Denials by Parties (Exculpatory)

4. Admissions Exceptions:
4A. Related to Admissions
4B. First Hand
4C. Voluntary
4D. Reliability of Admissions
4E. Admissions made with Authority
4F. Oral Questioning
4G. Discretion to Exclude Admissions

5. Opinion Evidence
5A. Multiple Relevancy
5B. Can be Ultimate Issue

6. Opinion Exceptions:
6A. Lay Opinion
6C. Expert
6D. Discretion to Exclude

7. Tendency & Coincidence
7A. Tendency in Civil
7B. Tendency in Crim
7C. Coincidence in Civil

8. When Tendency/Coincidence Not Applicable
8A. Presumption of Continuance
8B. Single Transaction
8C. Relationship Evidence

9. Credibility Evidence

10. Exception to Credibility
10A. Q in Cross-Examination
10B. Rebutting Denials
10C. Expert Evidence
10D. Q in Re-Examination
10E. Previous Consistent Statement of W

11. Credibility of D in Criminal

11A. Character of D
11B. P or CO-Dā€™s Rebuttal of character of D

12. Character of co-D




Macq., North Ryde

Member since

August 2016