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The Resource Cases on evidence in Australia, by Eric J. Edwards

Cases on evidence in Australia, by Eric J. Edwards

Label
Cases on evidence in Australia
Title
Cases on evidence in Australia
Statement of responsibility
by Eric J. Edwards
Creator
Subject
Language
eng
Cataloging source
LC
http://library.link/vocab/creatorDate
1915-
http://library.link/vocab/creatorName
Edwards, Eric J.
Dewey number
347.94/06
Index
index present
Literary form
non fiction
http://library.link/vocab/subjectName
Evidence (Law)
Target audience
adult
Label
Cases on evidence in Australia, by Eric J. Edwards
Instantiates
Publication
Note
Includes bibliographical references and index
Bibliography note
Bibliography: p. xxiii
Contents
1. Scope and structure : The scope of the subject -- Relevancy and admissibility -- Admissibility and weight -- Fact and interface -- Fact and law -- Some special matters of fact and law -- 2. The functions of the judge and the jury : In general -- Admissibility -- The preliminary question -- The conduct of the trial -- Credibility and weight -- 3. The evidence in the particular case : The admitted evidence -- Judical notice -- Formal admissions -- 4. The burden of proof : In general -- The burden of proof in civil cases -- The burden of proof in criminal cases -- The proof of exceptions and provisos -- The right to begin -- 5. The standard of proof : In general -- In civil cases -- In criminal cases -- Allegations of crime in civil proceedings -- The proof of matrimonial offences -- 6. Prima facie case : In general -- Submissions of "no case" in civil cases -- The requirements for a prima facie case in civil cases, and the effect of the silence of the defendant -- Submission of "no case" in criminal cases -- The prosecution's prima facie case and the silence of the accused -- Statutory provisions bearing on the standard of proof -- 7. Presumptions : In general -- Intention -- Legitimacy and access -- Marriage -- Death, survivorship and issue -- Regularity -- Accuracy -- Res ipsa loquitur -- 8. Witnesses competence and compellability : In general -- Mentally abnormal persons -- Children -- Judges and jurors -- Barristers and solicitors -- Interested persons -- Accomplices and co-accused -- The accused's spouse -- 9. Witnesses corroboration : In general -- The evidence of children -- Sexual offences -- The evidence of accomplices -- Evidnece of identification -- 10. The examination of witnesses : Some preliminary matters -- Examination in chief -- Cross-examination -- Re-examination -- 11. The accused : in general -- The silence of the accused at the trial -- The unsworn statement of the accused -- The accused as a witness -- 12. Documentary evidence : In general -- Primary and secondary evidence of documents -- The execution of documents and proof of handwritting -- Presumptions as to documents -- The use in evidence of documents requiring to be stamped -- Tape recordings -- 13. Real evidence : Definition -- The production of "things" -- View demonstration -- Photographs, fingerprints and physical examination -- 14. Privilege : State privilege -- Private privilege -- 15. Conduct, motive, opportunity, habit -- 16. Similar facts : The general principle -- Rebutting a defence -- To prove a mental element -- To prove that the accused of defedant did the act -- To identify the accused -- 17. Character, convictions and acquittals -- In civil cases -- In criminal cases -- 18. Complaints : What constitutes a complaint -- The requirement that the complaint be made speedily -- What complaint is evidence of -- What the complaint are admissible -- 19. The rule against hearsay : The scope of the rule -- The limitation of the exceptions to the rule -- 20. Admissions in civil cases : The general principle -- Admissions by conduct -- The source of information on which the admission is based -- Vicarious admissions -- Statements accompanying and explaining an admission - "Without prejudice" communications -- 21. Admissions in criminal cases : Admissions by conduct -- The source of information on which the admission is based -- Vicarious admissions -- Statements accompanying and explaining an admission -- 22. Confessions : The requirement that the confession be voluntary -- The judges' rules -- Written records of interviews -- The trial judge's discretion -- Statements made through interpreters -- Evidence obtained unlawfully -- 23. Declarations by persons who have since died : In general -- Declarations against interest -- Declarations in the course of duty -- Declarations as to public or general right -- Declarations as to pedigree -- Declarations as to contents of wills -- Dying declarations -- Dying depositions -- 24. Other exceptions to the hearsay rule : Statements in public documents -- Books of account and business records -- Miscellaneous exceptions -- 25. Res gesta : Definition and principle -- Incidents in the transaction -- Spontaneous declarations -- Declarations as to physical or mental condition -- 26. Opinion evidence : In general -- On causes of collisions between motor vehicles -- On drunkenness and fitness to drive
Control code
000000792590
Dimensions
25 cm.
Edition
2nd ed.
Extent
xxiii, 704 p.
Form of item
regular print reproduction
Isbn
9780455191805
Lccn
76372799
System control number
(OCoLC)2463999
Label
Cases on evidence in Australia, by Eric J. Edwards
Publication
Note
Includes bibliographical references and index
Bibliography note
Bibliography: p. xxiii
Contents
1. Scope and structure : The scope of the subject -- Relevancy and admissibility -- Admissibility and weight -- Fact and interface -- Fact and law -- Some special matters of fact and law -- 2. The functions of the judge and the jury : In general -- Admissibility -- The preliminary question -- The conduct of the trial -- Credibility and weight -- 3. The evidence in the particular case : The admitted evidence -- Judical notice -- Formal admissions -- 4. The burden of proof : In general -- The burden of proof in civil cases -- The burden of proof in criminal cases -- The proof of exceptions and provisos -- The right to begin -- 5. The standard of proof : In general -- In civil cases -- In criminal cases -- Allegations of crime in civil proceedings -- The proof of matrimonial offences -- 6. Prima facie case : In general -- Submissions of "no case" in civil cases -- The requirements for a prima facie case in civil cases, and the effect of the silence of the defendant -- Submission of "no case" in criminal cases -- The prosecution's prima facie case and the silence of the accused -- Statutory provisions bearing on the standard of proof -- 7. Presumptions : In general -- Intention -- Legitimacy and access -- Marriage -- Death, survivorship and issue -- Regularity -- Accuracy -- Res ipsa loquitur -- 8. Witnesses competence and compellability : In general -- Mentally abnormal persons -- Children -- Judges and jurors -- Barristers and solicitors -- Interested persons -- Accomplices and co-accused -- The accused's spouse -- 9. Witnesses corroboration : In general -- The evidence of children -- Sexual offences -- The evidence of accomplices -- Evidnece of identification -- 10. The examination of witnesses : Some preliminary matters -- Examination in chief -- Cross-examination -- Re-examination -- 11. The accused : in general -- The silence of the accused at the trial -- The unsworn statement of the accused -- The accused as a witness -- 12. Documentary evidence : In general -- Primary and secondary evidence of documents -- The execution of documents and proof of handwritting -- Presumptions as to documents -- The use in evidence of documents requiring to be stamped -- Tape recordings -- 13. Real evidence : Definition -- The production of "things" -- View demonstration -- Photographs, fingerprints and physical examination -- 14. Privilege : State privilege -- Private privilege -- 15. Conduct, motive, opportunity, habit -- 16. Similar facts : The general principle -- Rebutting a defence -- To prove a mental element -- To prove that the accused of defedant did the act -- To identify the accused -- 17. Character, convictions and acquittals -- In civil cases -- In criminal cases -- 18. Complaints : What constitutes a complaint -- The requirement that the complaint be made speedily -- What complaint is evidence of -- What the complaint are admissible -- 19. The rule against hearsay : The scope of the rule -- The limitation of the exceptions to the rule -- 20. Admissions in civil cases : The general principle -- Admissions by conduct -- The source of information on which the admission is based -- Vicarious admissions -- Statements accompanying and explaining an admission - "Without prejudice" communications -- 21. Admissions in criminal cases : Admissions by conduct -- The source of information on which the admission is based -- Vicarious admissions -- Statements accompanying and explaining an admission -- 22. Confessions : The requirement that the confession be voluntary -- The judges' rules -- Written records of interviews -- The trial judge's discretion -- Statements made through interpreters -- Evidence obtained unlawfully -- 23. Declarations by persons who have since died : In general -- Declarations against interest -- Declarations in the course of duty -- Declarations as to public or general right -- Declarations as to pedigree -- Declarations as to contents of wills -- Dying declarations -- Dying depositions -- 24. Other exceptions to the hearsay rule : Statements in public documents -- Books of account and business records -- Miscellaneous exceptions -- 25. Res gesta : Definition and principle -- Incidents in the transaction -- Spontaneous declarations -- Declarations as to physical or mental condition -- 26. Opinion evidence : In general -- On causes of collisions between motor vehicles -- On drunkenness and fitness to drive
Control code
000000792590
Dimensions
25 cm.
Edition
2nd ed.
Extent
xxiii, 704 p.
Form of item
regular print reproduction
Isbn
9780455191805
Lccn
76372799
System control number
(OCoLC)2463999

Library Locations

    • Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)Borrow it
      51 Lawson Cres, Acton, ACT, 2601, AU
      -35.292556 149.118617
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