1-20 of 21 Results

  • Keyword: hearsay x
Clear all

Chapter

Cover Murphy on Evidence

10. The rule against hearsay I  

Scope and working of the rule

This chapter is divided into two parts. The first part discusses the rule against hearsay, covering the definition of hearsay; the dangers of hearsay evidence; the development of exceptions and reform of rule. The second part explains how the hearsay rule operates by distinguishing hearsay and non-hearsay statements and, therefore, discusses: a statement having legal effect or significance; a statement admissible to prove that it was made or was made on a particular occasion or in a certain way; a statement as circumstantial evidence of state of mind; a statement as circumstantial evidence of other relevant facts; three classic hearsay problems; and the use of avoidance and evasion.

Chapter

Cover Evidence

11. Hearsay Evidence  

Chapter 11 discusses the law on hearsay evidence. It covers the admissibility of hearsay evidence in civil proceedings, now governed by the Civil Evidence Act 1995; other proceedings in which the hearsay rule is inapplicable; and the admissibility of hearsay evidence in criminal proceedings.

Chapter

Cover The Modern Law of Evidence

9. Corroboration and care warnings  

This chapter discusses exceptions to the general rule that there is no requirement for evidence to be corroborated. There are three categories of exception (i) where corroboration is required as a matter of law (speeding, perjury, treason, and attempts to commit these offences) and therefore a conviction cannot be based on uncorroborated evidence; (ii) where neither corroboration in a technical sense nor supportive evidence is required as a matter of law, but the tribunal of fact may need to be warned to exercise caution before acting on the evidence of certain types of witness, if unsupported; (iii) five cases in which corroboration is not required as a matter of law, and there is no obligation to warn the tribunal of fact of the danger of acting on the unsupported or uncorroborated evidence, but there is a special need for caution. The five cases are confessions by mentally handicapped persons, identification evidence, lip-reading evidence, cases of Sudden Infant Death Syndrome, and unconvincing hearsay. Identification evidence is dealt with separately in Chapter 10.

Chapter

Cover Evidence

10. The rule against hearsay  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The rule against hearsay is one of the great exclusionary rules of the law of evidence. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should often be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its many exceptions, both at common law and under statute; and the remnants of the hearsay rule in civil proceedings.

Chapter

Cover A Practical Approach to Civil Procedure

33. Hearsay  

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.

Book

Cover Cross & Tapper on Evidence
Cross & Tapper on Evidence has become firmly established as a classic of legal literature. This thirteenth edition reflects on all recent changes and developments in this fast-moving subject. In particular, it fully examines new case law relevant to evidence of privilege, character, and hearsay. The inclusion of some comparative material provides an excellent basis for the critical appraisal of English law. This book remains the definitive guide to the law of evidence.

Chapter

Cover Cross & Tapper on Evidence

XII. Hearsay in general  

This chapter takes a look at the hearsay rule. Though it is one of the most complex and confusing of the exclusionary rules of evidence, the hearsay rule can be used as the background and foundation to understand the new statutory provisions for civil and criminal proceedings. The chapter first discusses the hearsay rule at the common law level, explaining why such an exclusionary rule was thought necessary. It also indicates the tenor of this rule's development and reform. Next, the chapter more closely examines the scope of the rule, implied assertions, res gestae, the rule against narrative, and the extent to which admissions constitute an exception to the rule.

Chapter

Cover Cross & Tapper on Evidence

XIII. Hearsay in civil proceedings  

This chapter discusses the hearsay rule in the context of civil proceedings. It begins with a consideration of Section 1 of the Civil Evidence Act 1995 (CEA). Doubts have been raised as to whether the Act is compatible with the ECHR, and on any basis, there are procedural differences between the methods of adducing different forms of hearsay under the provisions of the act. Consideration of the effect of the act in changing the law thus constitutes the first, and more important, section of this chapter. The chapter then turns to how the provisions of the act indicate that some of the existing rules relating to the admissibility of hearsay in civil proceedings remain in force.

Chapter

Cover Evidence Concentrate

6. Hearsay evidence  

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act (CJA) 2003 and, in outline, in civil proceedings under the Civil Evidence Act (CEA) 1995. The survival of some common law rules on hearsay is discussed. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z). It concludes by discussing the landmark decisions under Art 6(3)(d) of the European Convention on Human Rights (ECHR).

Book

Cover Murphy on Evidence

Richard Glover

Murphy on Evidence is firmly established as a leading text for use on undergraduate law courses and in preparation for professional examinations. Frequently consulted by judges and practitioners, and regularly cited in judgments, it has come to be regarded as a work of authority throughout the common law world. The book’s unique approach effectively bridges the gap between academic study of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. As in previous editions, the author’s teaching method is centred around two realistic case studies—one criminal and one civil—presenting challenging evidence issues and questions for discussion at the end of each chapter. The case study material for this new edition has been further developed with new videos on the Online Resource Centre. Fully up to date with the latest developments in this fast-moving subject, the fifteenth edition of Murphy on Evidence is as indispensable as its predecessors. Topics include: the language of the law of evidence; the judicial function in the law of evidence; the burden and standard of proof; character evidence; and the rule against hearsay.

Chapter

Cover The Modern Law of Evidence

12. Hearsay in criminal cases  

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Art 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay, and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (s 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under s 9 of the Criminal Justice Act 1967; and depositions of children and young persons under s 43 of the Children and Young Persons Act 1933.

Chapter

Cover The Modern Law of Evidence

13. Hearsay admissible by statute in civil proceedings  

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The subsequent recommendations of the Law Commission were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.

Chapter

Cover Cross & Tapper on Evidence

XI. Opinion  

This chapter discusses the law relating to the evidence of opinion. It first considers the rule on the evidence of opinion and explains its rationale, especially the nature of its relationship to the rules excluding hearsay. The chapter discusses two broad spheres of evidence of opinion: expert and non-expert. The first concerns matters calling for specialized skill or knowledge. In this sphere, the only questions are whether the subject of inquiry does raise issues calling for expertise, and whether the witness is a qualified expert. In the residuary non-expert sphere, evidence of opinion will be excluded if the subject is one with regard to which fact and inference can conveniently be kept separate. The chapter then illustrates the operation of the rule, together with the two areas of expert and non-expert opinion in which there are exceptions. Finally, this chapter deals with the reform of the rule.

Chapter

Cover Cross & Tapper on Evidence

XIV. Hearsay in criminal proceedings  

This chapter considers hearsay in light of the Criminal Justice Act 2003. It first discusses the relevant provisions of the act before turning to the rules relating to confessions. Along with confessions, the chapter also takes a look at the evidential value of inferences from the accused's silence. In relation to both, the chapter considers the Codes of Practice relating to different aspects of police investigation, which often form a component in the exercise of the judge's discretion to exclude evidence. In addition, the chapter examines the reforms made to the law of hearsay, including the basic policy of the reform, the general exception, special exceptions for business documents and previous statements of witnesses, the impact of discretion, and provisions relating to the authenticity and weight of hearsay.

Chapter

Cover Concentrate Questions and Answers Evidence

5. Hearsay  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter focuses on the rule against hearsay, which is, historically, one of the great exclusionary rules underlying the law of evidence. In 1997 the Law Commission recommended that hearsay evidence be put on a clearer statutory footing in criminal trials. This eventually led to wholesale reform in the Criminal Justice Act (CJA) 2003, which preserves the rule but increases the number of exceptions and safeguards, providing a comprehensive regime for hearsay. The chapter provides an overview of the changes to hearsay introduced by the CJA 2003.

Book

Cover The Modern Law of Evidence

Adrian Keane and Paul McKeown

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.

Book

Cover Evidence

Roderick Munday

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

Chapter

Cover Evidence

12. Expert Evidence  

Chapter 12 deals with expert evidence. It discusses the principles governing the admissibility of expert opinion evidence; use of the work of others and the rule against hearsay; expert witnesses; ‘battles of experts’ and the presentation of expert evidence; and disclosure and evaluation of expert evidence.

Chapter

Cover Murphy on Evidence

11. The rule against hearsay II  

Common law and statutory exceptions

This chapter discusses the statutory exceptions to the inadmissibility of hearsay evidence in criminal cases that were created by the Criminal Justice Act 2003. The impact of the Human Rights Act 1998 on the admissibility of hearsay evidence is discussed, including the important cases of Horncastle and Al-Khawaja and Tahery v United Kingdom, where the Supreme Court and the European Court of Human Rights came into conflict over whether an accused may be convicted where the ‘sole and decisive’ evidence against him is hearsay. The common law exceptions preserved by the Criminal Justice Act 2003 are then considered—res gestae. The chapter ends with discussion of the abolition of hearsay in civil proceedings by the Civil Evidence Act 1995.

Book

Cover Concentrate Questions and Answers Evidence
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. Concentrate Q&A Evidence offers expert advice on what to expect from your Evidence exam, how best to prepare and guidance on what examiners are really looking for. Written by experienced examiners, it provides clear commentary with each question and answer and bullet points and diagram answer plans plus tips to make your answer really stand out from the crowd and further reading suggestions at the end of every chapter. The book should help the reader identify typical law exam questions, structure a first-class answer, avoid common mistakes, show the examiner what the reader knows and find relevant further reading. After an introduction, the book covers burden and standard of proof, presumptions, competence and compellability, Special Measures Directions, character evidence, hearsay, confessions, the defendant’s silence, improperly obtained evidence, supporting evidence, identification expert opinion, issues in the course of trial, privilege, public policy and mixed questions. The final chapter gives guidance on assessed coursework. The book is suitable for undergraduate law students taking optional modules in Evidence.