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Author: Jeremy Gans
Publisher: Cavendish Publishing
ISBN: 1843142023
Category : Law
Languages : en
Pages : 434
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Book Description
This book sets out the rules of evidence, as they apply in Australian courts, in a manner designed to be highly accessible and readily comprehensible. Equal treatment is given to both the uniform evidence legislation - now applicable in Federal Courts and in the courts of the Australian Capital Territory, New South Wales and Tasmania - and the common law that applies in the remaining Australian jurisdictions. This edition has been completely rewritten to take account of major case law and statutory developments since the first edition. It details the key divergences and convergences in the law of evidence across Australia and addresses a number of significant international comparisons. Examples are used throughout the text to illustrate the practical application of the law, while diagrams graphically summarise complex legal issues.
Author: Jeremy Gans
Publisher: Cavendish Publishing
ISBN: 1843142023
Category : Law
Languages : en
Pages : 434
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Book Description
This book sets out the rules of evidence, as they apply in Australian courts, in a manner designed to be highly accessible and readily comprehensible. Equal treatment is given to both the uniform evidence legislation - now applicable in Federal Courts and in the courts of the Australian Capital Territory, New South Wales and Tasmania - and the common law that applies in the remaining Australian jurisdictions. This edition has been completely rewritten to take account of major case law and statutory developments since the first edition. It details the key divergences and convergences in the law of evidence across Australia and addresses a number of significant international comparisons. Examples are used throughout the text to illustrate the practical application of the law, while diagrams graphically summarise complex legal issues.
Author: GEOFFREY ET AL. BELLEW
Publisher:
ISBN: 9780409345674
Category :
Languages : en
Pages :
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Book Description
Author: Fiona Hum
Publisher: Cambridge University Press
ISBN: 1009010727
Category : Law
Languages : en
Pages : 667
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Book Description
Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.
Author: Andrew L. C. Ligertwood
Publisher:
ISBN: 9780409333664
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015
Author: Kenneth J. Arenson
Publisher: Butterworth-Heinemann
ISBN: 9780409324204
Category : Evidence (Law)
Languages : en
Pages : 659
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Book Description
RULES OF EVIDENCE IN AUSTRALIA is a valuable resource and essential reading for criminal law and criminology students at graduate and undergradutate levels, judical officers, practitioners, and members of law enforement bodies. TEXTBOOK AND CASEBOOK RULES OF EVIDENCE IN AUSTRALIA is the only evidence textbook and casebook that comprehensively considers the law of evidence in all Australian states and territories. It is also eminently succinct; the court judgments presented in the book having been carefully edited by the authors to contain only the essential passages. Readers will quickly identify and master the main principles of the law of evidence. As a casebook, it introduces readers to the type of scholarly appellate court judgments that will enable them to acquire the writing and oratory skills they need to become competent practitioners. As a textbook, it includes commentary and questions that highlight the crucial issues in the cases, analyse the legal reasoning used by the judges, and test readers' comprehension of the major concepts. Second Edition The first edition of this book was published in November 2005. Due to its success and the many new developments in the area of evidence law, this updated second edition has been published. New in this edition are recent developments including: the 2005 legislation in Western Australia on Propensity Evidence; and the High Court decision on the Rule in Browne v Dunn.
Author: Francine Feld
Publisher:
ISBN: 9781925215915
Category : Evidence (Law)
Languages : en
Pages :
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Book Description
Uniform Evidence Law: Principles and Practice was previously published by CCH Australia.This second edition of Uniform Evidence Law: Principles and Practice is an invaluable reference for students of evidence law and litigation practitioners. It provides a succinct, clear and comprehensive statement and analysis of the Uniform Evidence Law as at November 2014.The book provides an overarching and detailed analysis of the law of evidence applicable in those jurisdictions that have adopted the model Uniform Evidence Law: the Commonwealth, New South Wales, Tasmania, Victoria, Australian Capital Territory and now, since 2012, the Northern Territory.Students will gain invaluable insight from the authors who analyse the Uniform Evidence Law by reference to its history, its underlying policy and its operation in practice. Explanations and evaluations of the principles on which the law is based, identification of its often-conflicting rationales, and suggestions for how it might be made more principled and coherent will prove extremely helpful for students.New to this editionThis second edition reflects significant updates, given the continued evolution of the Uniform Evidence Act. Changes to the Act reflected in this edition include:its introduction in the Northern Territorythe modification of the right to silence in the New South Wales Actthe addition of a journalists' privilege in New South Wales and Victoria, andthe emergence of some further differences in the interpretation and application of tendency and coincidence evidence between the states.
Author:
Publisher:
ISBN: 9780409356496
Category : Electronic books
Languages : en
Pages : 0
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Book Description
Author: Andrew L. C. Ligertwood
Publisher:
ISBN: 9780409333664
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015
Author: G Bellew; J Arthur; G Boas; P Chifflet; I Vickovich
Publisher:
ISBN: 9780409356489
Category :
Languages : en
Pages :
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Book Description
The second edition of this book provides an accessible, well-structured, compact yet detailed presentation and critical analysis of the law of evidence applicable in the Australian uniform evidence jurisdictions. Written by an expert team of practitioners and academics, the commentary takes readers beyond legal principles and case law to deliver a working understanding of the current operation of the law. Designed for easy navigation of the key areas of evidence law, each chapter is set out in a logical and accessible manner. The authors discuss the practical operation of the legislative regime in the wider legal context, particularly within the trial structure. It presents succinct explanations of the underlying principles, an assessment of their success as enacted and, where relevant, explores the future direction in which they may be developed. The complexities within each aspect of the law, as well as conflicting decisions and approaches, are addressed. It is essential reading for anyone wishing to understand Australia's uniform evidence regime. The new edition has been fully revised and updated to include recent developments in case law and legislation, including legislative developments in the law of tendency and coincidence evidence concerning child sexual abuse cases in some uniform evidence jurisdictions. Lexis Learning Resources Online learning resources to use for teaching and assessment activities will be available for lecturers who prescribe this text for a unit of study. Please contact your LexisNexis sales representative for more information. Features * Clear, concise analysis of uniform evidence principles * Authoritative, experienced author team * Covers all uniform jurisdictions, identifying and explaining differences * Positions the rules of evidence in the wider legal context * Provides insights and analysis for future development of the uniform scheme Related Titles * Weinstein, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 3rd ed, 2020 * Field, LNQA Uniform Evidence Law, 3rd ed, 2019 * Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and Uniform Acts, 6th ed, 2017 * Peden & Kumar, LNCS Uniform Evidence Law, 2012 * Kumar & Peden, QRC Uniform Evidence Law, 3rd ed, 2018
Author: Jeremy Gans
Publisher: Oxford University Press, USA
ISBN: 9780190313722
Category : Admissible evidence
Languages : en
Pages : 544
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Book Description
Uniform Evidence introduces the uniform evidence legislation as implemented by the Commonwealth, New South Wales, Victoria, the Australian Capital Territory, Tasmania, the Northern Territory and Norfolk Island.It illustrates the practical applications of evidence law with case examples, summarises complex legal rules with flowcharts, and provides in-depth case analysis to help students explore and understand the underlying principles of evidence law.Now in its third edition, this book explains, analyses and critiques uniform evidence law in a manner that can be readily and easily understood by all those interested in the law of evidence.New to this EditionUpdated to reflect all amendments to the uniform evidence legislationIncorporates significant new cases on documents, credibility evidence, and privilegeIncludes analysis of recent developments on the issue of probative valueAddresses the latest High Court judgment on tendency evidence in sexual casesChapters updated and restructured in response to the latest developments, including: means of evidence with a focus on witnesses, documents and real evidenceopinion evidence including extended analysis of the law concerning expert evidencethe hearsay rule and its exceptions
