Evidence and the Litigation Process, 7th Edition
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This edition covers:
• Important statutory reforms affecting civil and criminal proceedings, as introduced by the Evidence (Amendment) Act 2018 and Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment) Act 2019 and related statutory sources and regulations
• Case law developments concerning expert evidence, burdens of proof, standards of proof, hearsay, character and similar fact evidence, witness examination, modes of presenting evidence, evidence by video link, presentation of exhibits, the court’s discretion to exclude evidence, ancillary hearings to determine the admissibility of statements, voluntariness and reliability, presumptions of law, legal advice privilege, litigation privilege, privilege as between entities and their in-house counsel, marital privilege, without prejudice privilege, State privilege, DNA evidence and the process for agreeing to the use of documents in civil proceedings.
This book provides a balance between analytical discussion of the principles and the practical application of the law and includes numerous illustrations and practice-related situations for this purpose. It offers students an intensely detailed and integrated portrait of the litigation process (including procedure and advocacy) and is therefore a vital source of reference for their studies. This book recognises that this subject is particularly difficult primarily because of the difficulties inherent in the Evidence Act (a significant part of which remains in the state it was enacted in 1893), and the tension between this statute and the constantly developing common law. No effort is spared in tackling these problems and examining all applicable sources of law. This highly successful publication has already sold thousands of copies in the course of the first six editions.
Table of contents
PART I : INTRODUCTION
Chapter 1 : Principles and Preliminary Issues in the Law of Evidence
PART II : ADMISSIBILITY
Chapter 2 : Facts in Issue and Relevant Facts
Chapter 3 : Similar Facts
Chapter 4 : Hearsay
Chapter 5 : Evidence from Parties : Assertions and Related Issues
Chapter 6 : General Exceptions to the Hearsay Rule
Chapter 7 : Judgments
Chapter 8 : Opinion Evidence
Chapter 9 : Character
Chapter 10 : Judicial Discretion to Exclude Evidence
PART III : PROOF
Chapter 11 : Modes of Proof
Chapter 12 : Burden and Standards of Proof
Chapter 13 : Corroboration
PART IV : PRIVILEGES AND IMMUNITIES
Chapter 14 : Legal Professional Privilege
Chapter 15 : Privilege and Immunity
PART V : PREPARATION OF EVIDENCE
Chapter 16 : Foundations
Chapter 17 : Selection and Organisation of the Evidence
PART VI : TRIAL
Chapter 18 : Opening the Case
Chapter 19 : Evidence-in-Chief
Chapter 20 : Cross-Examination
Chapter 21 : Re-Examination
Chapter 22 : Closing Address
Chapter 23 : Overview of the Trial Process
Chapter 24 : An Outline of Ethics in the Course of Litigation