Description

I worked hard to produce these notes of the course of a trimester, they are exceptionally detailed and will give you everything you need to nail the assignments and exam for MLL334 Evidence.

I really hope you get as much out of reading these as I got out of writing them.

These notes cover the following topics:
1 NATURE OF EVIDENCE LAW
> INTRODUCTION TO THE UNIFORM EVIDENCE ACTS
> CATEGORIES OF EVIDENCE: DIRECT & CIRCUMSTANTIAL
> ADMISSIBILITY OF EVIDENCE
> BURDEN OF PROOF
> STANDARD OF PROOF
> MATTERS THAT DO NOT HAVE TO BE PROVED IN COURT
> OUTLINE OF THE EVIDENCE ACT

2 VERBAL EVIDENCE & WITNESSES
> VERBAL EVIDENCE
> THE EXAMINATION OF WITNESSES: Order of Examination s 28
> CROSS-EXAMINATION: Credibility evidence
> RE-EXAMINATION
> RE-OPENING A CASE

3 DOCUMENTARY EVIDENCE & OTHER EVIDENCE
> TYPES OF EVIDENCE
> PROVING DOCUMENTS
> VOLUMINOUS AND COMPLEX DOCUMENTS

4 RELEVANCE
> ADMISSIBILITY OF EVIDENCE
> RELEVANCE UNDER THE EVIDENCE ACT 2008 (VIC)
> WITNESS EXAMINATION

5 HEARSAY
> THE RULE AGAINST HEARSAY EVIDENCE: s 59
> EXCEPTIONS TO THE HEARSAY RULE
> NOTICE REQUIREMENTS: s 67
> EXCEPTION: ADMISSIONS: s 81

6 ADMISSIONS
> WHAT ARE ADMISSIONS
> EXCLUSION OF CERTAIN ADMISSIONS
> EVIDENCE OF SILENCE: s 89
> DISCRETIONARY EXCLUSION OF ADMISSIONS: s 90

7 OPINION EVIDENCE
> THE OPINION RULE: s 76
> EXCEPTIONS TO THE OPINION RULE
> EXPERT WITNESSES: s 79
> COMMON LAW EXPERT EVIDENCE RULES
> DISCRETIONARY EXCLUSION
> OTHER OPINION RULE EXCEPTIONS
> EVIDENCE OF PREVIOUS JUDGMENTS OR CONVICTIONS

8 TENDENCY & COINCIDENCE EVIDENCE
> THE RULE AGAINST TENDENCY AND COINCIDENCE EVIDENCE
> THE TENDENCY RULE: s 97
> THE COINCIDENCE RULE: s 98
> ADDITIONAL CONSIDERATIONS

9 CREDIBILITY & CHARACTER EVIDENCE
> CREDIBILITY EVIDENCE: DEFINITION
> ‘THE CREDIBILITY RULE’: s 102
> EXCEPTIONS TO THE CREDIBILITY RULE
> THE USE OF CREDIBILITY EVIDENCE IN COURT

10 PRIVILEGE
> CLIENT LEGAL PRIVILEGE
> RELIGIOUS CONFESSIONS
> JOURNALIST PRIVILEGE
> PRIVILEGE AGAINST SELF-INCRIMINATION
> MATTERS OF STATE
> SETTLEMENT NEGOTIATIONS

11 DISCRETIONS
> MANDATORY AND DISCRETIONARY EXCLUSIONS


Deakin

Trimester 2, 2020


143 pages

70,714 words

$39.00

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