Syllabus for Evidence

1. Introduction

Principal items and classification of evidence Relevance

Best evidence rule
Probativeness and prejudice Judicial discretion to exclude

2. Burden and standard of Proof

Legal burdens
Evidential burden
Criminal standard of proof Civil standard of proof

3. Proof without evidence

Presumptions Judicial notice
Formal admissions

4. Division of functions between judge and jury

Questions of law and fact
The voir dire and challenges to admissibility Sufficiency of evidence

5. Witnesses (1) – Competence and compellability

Accused and co-accused Spouse
Miscellaneous cases (diplomats, persons of unsound mind etc)

6. Witnesses (2) – Character

Good character Bad character

7. Witnesses (3) – General

Examination in chief Cross examination Corroboration

Protection of vulnerable witnesses
Warnings for special witnesses in criminal cases

8. Course of evidence

Rule against prior consistent statements Refreshing memory

Hostile witnesses
Prior inconsistent statements Collateral questions
Evidence in rebuttal

9. Opinion Evidence

Non-expert opinion evidence Expert opinion evidence
Ultimate issues

10. The Rule Against Hearsay

Development of the rule and rationale General principles


11. Admissions and confessions

Definitions Oppression
Voluntariness Unreliability
Implication of co-accused Derivative evidence
Mixed statement rule

12. Evidence unfairly or illegally obtained

The common law Statute

Human rights
Judicial discretion as to

13. Privilege

General principles
Legal professional privilege
Privilege against self-incrimination Marital privilege

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