Semester 2, 2017

Evidence Exam Scaffolds

36 pages

17,389 words




These notes were prepared as a set of exam scaffolds which condense the course material into a flow-chart style structure for the purpose of answering problem questions. They are organised in the order for which a problem question should be answered, and cover the following topics:

A. Preliminary Matters (taking objections, dispensing with provisions, voir dire, leave)

B. Proof (standard of proof, burden of proof, prima facie case)

C. Adducing Evidence (calling a witness, competence, compelability, examination in chief, cross examination, re-examination, prior inconsistent statement, re-opening case, real evidence, documents)

D. Admissibility (relevance, hearsay, opinion)

E. Tendency and Coincidence

F. Credibility

G. Excluding evidence (unfair prejudice, discretion, illegally obtained evidence, warning)

H. Use of evidence

These notes divide each topic into sub-topics that lead the reader through the questions that need to be answered in a problem-question scenario. Importantly, they are divided into civil/criminal trial pathways to avoid confusion or unnecessary considerations.