Monash

Semester 1, 2018


LAW4323 Evidence Exam Notes (HD, 86)

50 pages

21,008 words

$44.00

20

Description

Includes a structure for each topic, and very brief case summaries per topic where needed. This is all I really needed for the exam, without needing to refer to a longer version of notes. Includes entire syllabus.

TOPICS:

1. Relevance
2. Competence & Compellability
3. Privilege
- Self-incrimination
- Client legal privilege
- Settlement negotiations
- Confidential communications re: sexual offences
- Evidence excluded in the public interest
4. Examination of witnesses
- Examination in chief
- Refreshing memory
- Prior consistent statements
- Unfavourable witnesses
- Cross-examination
- Re-examination
5. Character and credibility
- Credibility
- In sexual offence cases
- Character of defendant
6. Accused's right to silence
7. Tendency & coincidence
8. Hearsay (and exceptions)
9. Admissions
- Incriminating conduct (implied admissions)
- Recording requirements
- Reliability requirements (ss 84-85)
- Unfairness discretion (s 90)
10. Illegally obtained evidence
11. Opinion evidence

HIGHLIGHT:
Blue - legislative citation
Green/Pink - case law citations
Yellow - key points