*HD* LAWS1014 Criminal & Civil Procedure Notes

Description

These notes include all the topics covered in the final exam in LAWS1014 Criminal & Civil Procedure. I brought these notes into my final exam and it was useful in setting out legal rules and exceptions. Topics include (but are not limited to): - Underlying principles of Criminal Justice System - Court hierarchy - Discretion and diversion in the criminal process (Table 1 or Table 2 offences) - Resisting police - Reasonable suspicion - Search warrants - Search powers without warrant - Entry by invitation in domestic violence situations - Excluding improperly obtained evidence - Arrest without warrant - Requesting identity - Arrest as a last resort - Unlawful arrest - When arrest is effected - Safeguards to arrest - Use of force - Requirements after arrest - Interrogation, right to silence, ERISP - Overarching themes of civil procedure - Jurisdiction - Open justice - Fair trial - Case management - UCPR rules - Jurisdiction (original and cross-vesting) - Limitation periods - Anton Piller orders - Mareva injunctions - Originating process - Service - Appearances - Statement of claim - Defence and reply - Pleadings and particulars - Discovery - Privilege - Types of judgment - Settlement incentives - Appeals