Evidence Law - Exam Notes

Description

1. INTRODUCTION 3 Placing evidence law in context – perspectives 3 The trial process 4 Taking objections 5 Voir dire 6 Sources of evidence law 7 How does evidence law control proof? 8 Why does evidence law control proof? 8 PROOF – PART 1 10 What is proof? 11 Proof rules 11 Evidentiary burden vs persuasive burden 18 Prima Facie case 18 2. ADDUCING EVIDENCE - WITNESSES 20 Calling a witness 21 Competence and compellability 24 Sworn and unsworn evidence 33 Examination of witnesses 33 Cross-examination of witnesses 44 3. REOPENING CASE; REAL EVIDENCE 56 Re-examination and re-opening a case 56 Real evidence 59 Adducing documents [not examinable] 65 3. ADMISSIBILITY OF EVIDENCE - RELEVANCE 68 Relevant evidence is admissible 69 How is relevance defined? 69 Provisional relevance 70 4. ADMISSIBILITY OF EVIDENCE – DISCRETIONARY EXCLUSION AND LIMITS ON USE 72 General power to exclude 73 Exclusions in criminal cases – “unfair prejudice” 73 General power to limit use 74 What is “unfair prejudice”? 74 Improperly obtained evidence 83 5. ADMISSIBILITY OF EVIDENCE - HEARSAY 87 6. HEARSAY EXCEPTIONS 92 First hand hearsay exceptions 92 Remote exceptions 108 6. ADMISSIBILITY OF EVIDENCE - ADMISSIONS 112 The exception to the hearsay rule 112 What is an admission? 113 The sections that regulate admissibility 115 7. ADMISSIBILITY OF EVIDENCE - CREDIBILITY 128 Credibility rule 128 Exceptions to the credibility rule 133 First exception: attacking credibility of other side's witness 133 Attacking credibility of party's own witness 136 Supporting credibility of party's own witness 138 8. ADMISSIBILITY OF EVIDENCE - OPINION 145 Lay opinion Evidence Act 145 Expert opinion 149 9. ADMISSIBILITY OF EVIDENCE - CHARACTER OF THE ACCUSED 155 Good character of accused – common law 155 Use of good character evidence under UEL 157 Further protections 161 10. ADMISSIBILITY OF EVIDENCE - TENDENCY AND COINCIDENCE EVIDENCE 162 Tendency and coincidence: Part 162 PROOF – PART 2 177 Judicial notice 177 Inferences from absence of evidence 181 Warnings: potentially unreliable evidence 185