基本説明
Publication delayed. This up-to-date analysis of both criminal and civil evidence contains a clear statement of the law of evidence, incorporating extensive reference to relevant case law and selected relevant literature.
Full Description
The Law of Evidence presents an up-to-date analysis of both criminal and civil evidence. It contains a clear statement of the law of evidence, incorporating extensive reference to relevant case law and selected relevant literature. The book indicates those areas of law where proposals for reform have been put forward and undertakes a critical analysis of current rules where appropriate, in order to provide the reader with practical argument on rules and precedents.Topics covered in the book range from the law affecting witnesses, evidence of identification and pre-trial disclosure, to the Civil Evidence Act 1968 in so far as it now affects civil proceedings. The book covers all aspects of this area of law thus ensuring practitioners have an essential reference to this complex and important subject.
Contents
"Introductory matters. Matters that do not require proof. The status of judicial findings in subsequent proceedings. The burden of proof and presumptions. Judge and jury. The law affecting witnesses. Pre-trial disclosure. The course of the trial. Evidence of identification. The concept of character. Similar fact evidence. The Criminal Evidence Act. Admissions. Privilege. The judicial discretion to exclude evidence. Evidence excluded under public policy. Evidence of opinion. The rule against hearsay. The Civil Evidence Act 1968. Common law exceptions to the hearsay rule: the doctrine of res gestae. Common law exceptions to the hearsay rule: documents. Common law exceptions to the hearsay rule: statements by deceased persons. Statements made in the presence of a party. Criminal proceedings: documentary hearsay and statutory provisions specific to criminal cases. Documentary evidence. Proof of judgments, verdicts, convictions etc. Proof of birth, age, death, marriage and legitimacy. Proof of foreign law."
