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Court Process, Evidence and Proof Course and Exam Notes

LAWS2351 - Court Process, Evidence and Proof

29 Pages Complete Study Notes Year: Pre-2018

Prosecutor Disclosure 1 Defence Disclosure 3 The Accused in Court 4 Relevance and Reliability 4 Mandatory and Discretionary Exclusions 5 The Witness in the box 6 Evaluating witnesses 7 Examination-in-chief 7 s 192 considerations for leave 8 Attempts to revive memory in court (EIC) 8 9 The unfavourable witness (EIC) 9 Improper questions 9 Cross-examination 10 Rule in Browne v Dunn 10 Credibility Evidence 10 Prior inconsistent statements in x-x 12 Finality Rule 12 Prosecution Cross-examination on Credibility Evidence 12 Re-examination of a party’s own witness 12 Re-opening the (Crown) case 13 Hearsay 13 Non-hearsay representations 14 Representation to establish a person’s state of mind 14 Hearsay First-hand Exception 14 Hearsay maker not available 15 Hearsay maker available 16 Hearsay 17 exceptions to the hearsay rule 17 Identification evidence 18 Opinion 20 Lay opinions 20 Witness 20 Character Evidence of the accused 21 Battle 21 Multiple Accused in a Trial 22 Tendency and Coincidence Evidence 22 Tendency Evidence 22 Coincidence Evidence 24 adduced other than for tendency or coincidence purpose 25 Judicial Warning 25 Delay 26


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