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Modern Law of Evidence 8th Revised edition [Minkštas viršelis]

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  • Formatas: Paperback / softback, 688 pages, aukštis x plotis x storis: 245x188x41 mm, weight: 1394 g
  • Išleidimo metai: 25-Mar-2010
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199558345
  • ISBN-13: 9780199558346
Kitos knygos pagal šią temą:
  • Formatas: Paperback / softback, 688 pages, aukštis x plotis x storis: 245x188x41 mm, weight: 1394 g
  • Išleidimo metai: 25-Mar-2010
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199558345
  • ISBN-13: 9780199558346
Kitos knygos pagal šią temą:
The Modern Law of Evidence provides a lucid, engaging, and authoritative guide to the contemporary law of evidence. Straightforward and practical in its approach, this textbook also provides concise analysis of the theory behind the law, with emphasis on recent discussion of important current issues.

The eighth edition has been carefully developed and updated to ensure that it remains a thorough and reliable resource.

This book is an ideal text for undergraduates and students studying on the BPTC and LPC. It has been cited with approval by the highest appellate courts, cementing its reputation as an authoritative reference for practitioners and judges.

The Modern Law of Evidence is well established and widely relied upon as a lucid, engaging, and authoritative exposition of the contemporary law of evidence. Straightforward and practical in its approach, this textbook also provides concise analysis of the theory behind the law, with the emphasis on recent discussion and current topics within the subject.

The eighth edition has been carefully developed and updated to ensure that it remains a thorough and reliable resource for its readers. In particular, it provides:

- Up to date coverage of all the developments in the law following the Criminal Justice Act 2003, especially in the areas of hearsay and evidence of character
- A greater degree of evaluation and analysis of the law, to help students directly engage with areas of topical interest
- Further reading sections, to guide readers forward in their studies

This book is an ideal text for undergraduates and students studying on the BVC and LPC. It has been cited with approval by the highest appellate courts, thereby cementing its reputation as a useful reference for practitioners and judges.

Online Resource Centre

This book is accompanied by an Online Resource Centre, containing regular updates to the text, and a list of web links.
Table of Statutes
xv
Table of Statutory Instruments
xxv
Table of Codes, Codes of Practice and Practice Directions
xxvii
Table of Cases
xxix
1 Introduction
1(5)
Key issues
1(1)
Truth and the fact-finding process
2(1)
The development of the law
3(2)
Additional reading
5(1)
2 Preliminaries
6(45)
Key issues
6(1)
Facts open to proof or disproof
7(2)
The varieties of evidence
9(10)
Relevance and admissibility
19(10)
Weight
29(1)
The functions of the judge and jury
30(12)
Judicial discretion
42(6)
Proof of birth, death, age, convictions, and acquittals
48(2)
Additional reading
50(1)
3 Evidence obtained by illegal or unfair means
51(25)
Key issues
51(2)
Law
53(1)
Discretion
54(21)
Additional reading
75(1)
4 The burden and standard of proof
76(39)
Key issues
76(1)
The burden of proof
77(24)
The standard of proof
101(11)
The burden and standard of proof in a trial within a trial
112(2)
Additional reading
114(1)
5 Witnesses
115(46)
Key issues
115(1)
Competence and compellability
116(14)
Oaths and affirmations
130(2)
Live links
132(2)
The time at which evidence should be adduced
134(3)
Witnesses in civil cases
137(3)
Witnesses in criminal cases
140(20)
Additional reading
160(1)
6 Examination-in-chief
161(28)
Key issues
161(1)
Leading questions
162(1)
Refreshing the memory
163(9)
Previous consistent or self-serving statements
172(11)
Unfavourable and hostile witnesses
183(5)
Additional reading
188(1)
7 Cross-examination and re-examination
189(29)
Key issues
189(1)
Cross-examination
190(26)
Re-examination
216(1)
Additional reading
217(1)
8 Corroboration and care warnings
218(32)
Key issues
218(2)
Corroboration required by statute
220(3)
Care warnings
223(11)
Confessions by the mentally handicapped
234(2)
Identification cases
236(11)
Lip-reading evidence
247(1)
Sudden infant death syndrome
248(1)
Additional reading
249(1)
9 Documentary and real evidence
250(18)
Key issues
250(1)
Documentary evidence
251(12)
Real evidence
263(4)
Additional reading
267(1)
10 Hearsay in criminal cases
268(53)
Key issues
268(1)
Background and rationale
269(2)
Admissibility of hearsay under the Criminal Justice Act 2003
271(47)
Expert reports
318(1)
Written statements under section 9 of the Criminal Justice Act 1967
319(1)
Depositions of children and young persons under section 43 of the Children and Young Persons Act 1933
320(1)
Additional reading
320(1)
11 Hearsay admissible by statute in civil proceedings
321(20)
Key issues
321(1)
The background
322(1)
Admissibility of hearsay under the Civil Evidence Act 1995
323(6)
Safeguards
329(5)
Proof of statements contained in documents
334(3)
Evidence formerly admissible at common law
337(3)
Ogden tables
340(1)
Additional reading
340(1)
12 Hearsay admissible at common law
341(19)
Key issues
341(1)
Statements in public documents
342(4)
Works of reference
346(1)
Evidence of age
347(1)
Evidence of reputation
348(2)
Statements forming part of the res gestae
350(9)
Additional reading
359(1)
13 Confessions
360(46)
Key issues
360(1)
Admissibility
361(15)
The discretion to exclude
376(14)
The voir dire
390(4)
The trial
394(5)
Statements made in the presence of the accused
399(3)
Facts discovered in consequence of inadmissible confessions
402(3)
Additional reading
405(1)
14 Statutory inferences from an accused's silence or conduct
406(32)
Key issues
406(1)
Inferences from silence
407(24)
Inferences from refusal to consent to the taking of samples
431(2)
Inferences from failure to provide advance disclosure of the defence case
433(4)
Additional reading
437(1)
15 Evidence of character: evidence of character in civil cases
438(5)
Key issues
438(1)
Character in issue or relevant to a fact in issue
439(1)
Evidence of the disposition of the parties towards good conduct
439(1)
Evidence of the disposition of the parties towards bad conduct
440(2)
Character relevant to credit
442(1)
Additional reading
442(1)
16 Evidence of character: evidence of the good character of the accused
443(8)
Key issues
443(1)
The evidence admissible
444(1)
The direction to the jury
444(3)
The meaning of `good character'
447(3)
Additional reading
450(1)
17 Evidence of character: evidence of bad character in criminal cases
451(72)
Key issues
451(1)
Introductory
452(6)
Evidence of the bad character of a person other than the defendant
458(5)
Evidence of the bad character of the defendant
463(51)
General
514(5)
Other provisions governing the admissibility of evidence of bad character
519(2)
Additional reading
521(2)
18 Opinion evidence
523(35)
Key issues
523(2)
Expert opinion evidence
525(30)
Non-expert opinion evidence
555(1)
Additional reading
556(2)
19 Public policy
558(33)
Key issues
558(1)
The development of the modern law
559(7)
The scope of exclusion on grounds of public policy
566(18)
Procedural issues
584(6)
Additional reading
590(1)
20 Privilege
591(43)
Key issues
591(2)
The privilege against self-incrimination
593(12)
Legal professional privilege
605(22)
Without prejudice negotiations
627(6)
Additional reading
633(1)
21 Judgments as evidence of the facts upon which they were based
634(15)
Key issues
634(2)
Civil proceedings
636(6)
Criminal proceedings
642(6)
Additional reading
648(1)
22 Proof of facts without evidence
649(28)
Key issues
649(1)
Presumptions
650(17)
Judicial notice
667(6)
Formal admissions
673(2)
Additional reading
675(2)
Index 677