Abstract
The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, documentary and real evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, and the admissibility of previous verdicts.
Keywords:
evidence, proof, English law, witnesses, examination-in-chief, cross-examination, character, hearsay, admissibleSubjects:
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Contents
- Front Matter
- 1. Introduction
- 2. Preliminaries
- 3. The burden and standard of proof
- 4. Proof of facts without evidence
- 5. Documentary and real evidence
- 6. Witnesses
- 7. Examination-in-chief
- 8. Cross-examination and re-examination
- 9. Corroboration and care warnings
- 10. Visual and voice identification
- 11. Evidence obtained by illegal or unfair means
- 12. Hearsay in criminal cases
- 13. Hearsay admissible by statute in civil proceedings
- 14. Hearsay admissible at common law
- 15. Confessions
- 16. Adverse inferences from an accused’s silence or conduct
- 17. Evidence of character: evidence of character in civil cases
- 18. Evidence of character: evidence of the good character of the accused
- 19. Evidence of character: evidence of bad character in criminal cases
- 20. Experts and opinion evidence
- 21. Public policy
- 22. Privilege
- 23. Admissibility of previous verdicts
- End Matter