Introduction

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This introductory chapter discusses the origins of a ‘law of evidence’ and the properties of the law of evidence.

Introductory remarks on the law of evidence

Evidence ◽  
2019 ◽  
pp. 1-12
Author(s):  
Roderick Munday
Keyword(s):  
Critical Issue ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This introductory chapter discusses the origins of a ‘law of evidence’ and the properties of the law of evidence. The law of evidence is rapidly evolving. Since it determines the critical issue of which particular items of proof parties are actually permitted to produce before a court in support of their contentions, it would be hard to exaggerate the subject’s importance and relevance.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

Evidence

2019 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

8. The opinion rule and the presentation of expert evidence

Evidence ◽  
2019 ◽  
pp. 316-347
Author(s):  
Roderick Munday
Keyword(s):  
Expert Opinion ◽  
General Rule ◽  
Bayes Theorem ◽  
Expert Evidence ◽  
Dna Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The ‘opinion rule’ is one of the major exclusionary rules of the law of evidence. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the opinion rule: expert opinion; the presentation of DNA evidence; and the use of the Bayes’ theorem and instructing the jury in mathematical probabilities.

1. Relevance and admissibility of evidence

Evidence ◽  
2019 ◽  
pp. 13-61
Author(s):  
Roderick Munday
Keyword(s):  
Public Policy ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The law of evidence regulates what evidence may be admitted at trial and under what conditions such admissible proofs are to be admitted. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy.

9. The rule against hearsay

Evidence ◽  
2019 ◽  
pp. 348-415
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Civil Proceedings ◽  
The Subject ◽  
The Law ◽  
Hearsay Rule ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The rule against hearsay is one of the great exclusionary rules of the law of evidence. The underlying idea seems sound enough. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its exceptions; and the hearsay rule in civil proceedings.

I. Introduction

2018 ◽  
pp. 1-76
Author(s):  
Roderick Munday
Keyword(s):  
Fundamental Principle ◽  
General Rules ◽  
The Law ◽  
Law Of Evidence

This introductory chapter discusses the relevance of evidence in the courtroom. It first explores the development of the law of evidence beginning from the seventeenth and eighteenth centuries. The chapter then studies the extent to which the law of evidence applies to all of the different stages and matters considered by the courts and to other tribunals. The main purposes and categories of evidence are next considered and exemplified, together with the question of whether any broad general rules can usefully be elaborated. Finally, this chapter turns to its most fundamental principle — relevance, which is contrasted with the admissibility of evidence.

1. Introduction

2020 ◽  
pp. 1-7
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Adversarial System ◽  
Differences Of Opinion ◽  
Rules Of Evidence ◽  
History Of ◽  
The Law ◽  
Fact Finding ◽  
Law Of Evidence ◽  
Practical Constraints

Evidence is information by which facts tend to be proved, and the law of evidence is that body of law and discretion regulating the means by which facts may be proved in both courts of law and tribunals and arbitrations in which the strict rules of evidence apply. This introductory chapter discusses truth and the fact-finding process and explains how getting to the truth in court is hampered by practical constraints, the adversarial system, the rules of evidence themselves, and the fact that litigation is a human endeavour that necessarily provides scope for differences of opinion, error, deceit, and lies. The chapter also contains a brief history of the development of the law to date.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

The Modern Law of Evidence

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Comprehensive Analysis ◽  
Standard Of Proof ◽  
Academic Literature ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.

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