Malek, Hodge M 　著

内容

目次

Introduction Defining the issues Judicial notice Admissions Estoppels Burden and standard of proof Relevance admissibility and weight; previous and subsequent existence of facts; the best evidence rule Attendance of witnesses: witness summonses and letters of request Competence and compellability, oath and affirmation Evidence taken or served before trial; duty to disclose Rules of evidence relating to the course of a trial: general Rules of evidence relating to the course of a trial: Examination of witnesses Evidence taken after trial Corroboration and supporting evidence Identification Physical conditions, states of mind and emotions Character: general and introductory Good character Bad character of the accused (prosecution aspects) Bad character of the accused (defence aspects) Bad character of the co-accused Bad character of persons other than the accused Privilege: legal professional privilege Privilege: other forms of privilege Facts excluded by public policy Loss and abuse of privilege The implied undertaking The rule against hearsay Hearsay in civil proceedings Hearsay in criminal proceedings Res gestae and certain other exceptions to the hearsay rule in criminal proceedings Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents Opinion and expert evidence Restrictions on the right to silence: introduction Confessions Statements in the presence, and documents in the possession, of a party Agency, partnership, companies common purpose, acting in a capacity Judicial discretion to admit or exclude evidence Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc. Contents of documents generally: primary and secondary evidence, contents of particular documents; public, judicial and private Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents Admission of extrinsic evidence in aid of interpretation and to rebut presumptions Judgments ##Appendix