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Opinion evidence

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Evidence Act Part 3.3 Lithgow City Council v Jackson (2011) 281 ALR 223 Honeysett v The Queen Dasreef Pty Ltd v Hawchar Tuite v The Queen

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8 Pages Partial Study Notes > 2 Years old
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Opinion evidence
Topics this document covers:
Evidence law Hearsay Critical thinking Evidence Relevance English law Opinion Opinion evidence Expert witnesses in English law
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Topics this document covers:
Evidence law Hearsay Critical thinking Evidence Relevance English law Opinion Opinion evidence Expert witnesses in English law
Sample Text:
o For some circumstance, it is necessary for W to give opinion. ▪ Because it is unrealistic to simply state the facts • Someone looks like drunk / angry • car drove fast – [opinion] ▪ Need an expert – impossible for judge form a view without expertise • Genetic ▪ Jury or Judge sitting alone to draw relevant inference from the facts The Opinion Rule: s.76 Evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed. ▪ W cannot give a opinion to prove the existence of fact. Examples of Opinion Evidence: s 76 1. P sues D, her doctor, for the negligent performance of a surgical operation. ...
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