Phipson on Evidence 19th edition

Phipson on Evidence 19th edition

By Hodge Malek QC


$739.00 RRP

Date: 19/12/2017

Code: 9780414065529

Sweet & Maxwell, UNITED KINGDOM

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Book Phipson on Evidence 19th edition 19/12/2017 9780414065529 $739.00 Add to cart


Phipson on Evidence is the leading work on civil and criminal evidence. It examines in depth all aspects of the complex principles and procedures which make up the law on evidence and can be relied upon to resolve even the most difficult issues

  • Covers in detail all aspects of the complex principles and procedures which make up the law of evidence
  • Goes through the rules of evidence
  • Looks at the admission of evidence
  • Considers the burden and standard of proof
  • Examines evidence taken or served prior to a trial
  • Addresses the examination of witnesses
  • Looks at good and bad character
  • Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Analyses the use and admission of opinion and expert evidence
  • Assesses the exclusion and inclusion of extrinsic evidence
  • Sets out the judicial discretion to admit or exclude evidence
  • Reflects a broad range of case law, including that of the Commonwealth

Table of Contents

  • Introduction
  • Defining the issues Judicial notice
  • Admissions
  • Estoppels
  • Burden and standard of proof
  • Relevance admissibility and weight; previous and subsequent existence of facts; the best evidence rule
  • Attendance of witnesses: witness summonses and letters of request
  • Competence and compellability, oath and affirmation
  • Evidence taken or served before trial; duty to disclose
  • Rules of evidence relating to the course of a trial: general
  • Rules of evidence relating to the course of a trial: Examination of witnesses
  • Evidence taken after trial
  • Corroboration and supporting evidence Identification
  • Physical conditions, states of mind and emotions
  • Character: general and introductory
  • Good character
  • Bad character of the accused (prosecution aspects)
  • Bad character of the accused (defence aspects)
  • Bad character of the co-accused
  • Bad character of persons other than the accused
  • Privilege: legal professional privilege
  • Privilege: other forms of privilege
  • Facts excluded by public policy
  • Loss and abuse of privilege
  • The implied undertaking
  • The rule against hearsay
  • Hearsay in civil proceedings
  • Hearsay in criminal proceedings
  • Res gestae and certain other exceptions to the hearsay rule in criminal proceedings
  • Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents
  • Opinion and expert evidence
  • Restrictions on the right to silence: introduction
  • Confessions Statements in the presence, and documents in the possession, of a party
  • Agency, partnership, companies common purpose, acting in a capacity
  • Judicial discretion to admit or exclude evidence
  • Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials
  • Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc. Contents of documents generally: primary and secondary evidence, contents of particular documents; public, judicial and private
  • Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents
  • Admission of extrinsic evidence in aid of interpretation and to rebut presumptions
  • Judgments
  • Appendix

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