Syllabus for Evidence
1. Introduction
Principal items and classification of evidence Relevance
Admissibility
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
Children
Miscellaneous cases (diplomats, persons of unsound mind etc)
6. Witnesses (2) – Character
Relevance
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
Exceptions
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
evidence, pcll conversion exams, syllabus
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