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VBEE > [ 1.4.3 ] Evidence Act 2008 (Vic) - Individual sections (Chapter 3) > Flashcards

[ 1.4.3 ] Evidence Act 2008 (Vic) - Individual sections (Chapter 3) Flashcards

1
Q

s 112 of the Evidence Act 2008 (Vic)

A

Character - Leave required to cross-examine about character of accused or co-accused

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2
Q

s 55 of the Evidence Act 2008 (Vic)

A

Relevance - Relevant evidence

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3
Q

s 78 of the Evidence Act 2008 (Vic)

A

Opinion - Exception - lay opinions

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4
Q

s 104 of the Evidence Act 2008 (Vic)

A

Credibility - Further protections—cross-examination as to credibility

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5
Q

s 138 of the Evidence Act 2008 (Vic)

A

Discretionary and mandatory exclusions - Exclusion of improperly or illegally obtained evidence

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6
Q

s 80 of the Evidence Act 2008 (Vic)

A

Opinion - Ultimate issue and common knowledge rules abolished

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7
Q

s 96 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - Failure to act

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8
Q

s 79 of the Evidence Act 2008 (Vic)

A

Opinion - Exception - opinions based on specialised knowledge

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9
Q

s 128A of the Evidence Act 2008 (Vic)

A

Privileges - Other privileges -

Privilege in respect of self-incrimination—exception for certain orders etc.

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10
Q

s 77 of the Evidence Act 2008 (Vic)

A

Opinion - Exception - evidence relevant otherwise than as opinion evidence

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11
Q

s 121 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Loss of client legal privilege—generally

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12
Q

s 74 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - reputation of public or general rights

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13
Q

s 60 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - evidence relevant for a non-hearsay purpose

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14
Q

s 88 of the Evidence Act 2008 (Vic)

A

Admissions - Proof of admissions

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15
Q

s 66A of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - contemporaneous statements about a person’s health etc.

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16
Q

s 59 of the Evidence Act 2008 (Vic)

A

Hearsay - The hearsay rule - exclusion of hearsay evidence

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17
Q

s 69 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - business records

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18
Q

s 63 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - civil proceedings if maker not available

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19
Q

s 78A of the Evidence Act 2008 (Vic)

A

Opinion - Exception - Aboriginal and Torres Strait Islander traditional laws and customs

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20
Q

s 82 of the Evidence Act 2008 (Vic)

A

Admissions - Exclusion of evidence of admissions that is not first-hand

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21
Q

s 72 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - Aboriginal and Torres Strait Islander traditional laws and customs

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22
Q

s 85 of the Evidence Act 2008 (Vic)

A

Criminal proceedings - Admissions - reliability of admissions by accused

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23
Q

s 102 of the Evidence Act 2008 (Vic)

A

Credibility - The credibility rule

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24
Q

s 126J of the Evidence Act 2008 (Vic)

A

Privileges - Journalist privilege - Definitions

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25
Q

s 66 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - criminal proceedings if maker available

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26
Q

s 125 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Loss of client legal privilege—misconduct

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27
Q

s 120 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Unrepresented parties

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28
Q

s 84 of the Evidence Act 2008 (Vic)

A

Admissions - Exclusion of admissions influenced by VOID conduct

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29
Q

s 62 of the Evidence Act 2008 (Vic)

A

Hearsay - Restriction to “first-hand” hearsay

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30
Q

s 122 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Loss of client legal privilege—consent and related matters

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31
Q

s 101A of the Evidence Act 2008 (Vic)

A

Credibility - Credibility evidence

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32
Q

s 110 of the Evidence Act 2008 (Vic)

A

Character - Evidence about character of an accused

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33
Q

s 98 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - The coincidence rule

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34
Q

s 129 of the Evidence Act 2008 (Vic)

A

Privileges - Evidence excluded in the public interest - Exclusion of evidence of reasons for judicial etc. decisions

35
Q

s 65 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - criminal proceedings if maker not available

36
Q

s 136 of the Evidence Act 2008 (Vic)

A

Discretionary and mandatory exclusions - General discretion to limit use of evidence

37
Q

s 64 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - civil proceedings if maker available

38
Q

s 130 of the Evidence Act 2008 (Vic)

A

Privileges - Evidence excluded in the public interest - Exclusion of evidence of matters of state

39
Q

s 101 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - Further restrictions on tendency evidence and coincidence evidence adduced by prosecution

40
Q

s 89 of the Evidence Act 2008 (Vic)

A

Admissions - Evidence of silence

41
Q

s 115 of the Evidence Act 2008 (Vic)

A

Identification evidence -

Exclusion of evidence of identification by pictures

42
Q

s 108 of the Evidence Act 2008 (Vic)

A

Credibility - Exception—re-establishing credibility

43
Q

s 76 of the Evidence Act 2008 (Vic)

A

Opinion - The opinion rule

44
Q

s 73 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - reputation as to relationships and age

45
Q

s 135 of the Evidence Act 2008 (Vic)

A

Discretionary and mandatory exclusions - General discretion to exclude evidence

46
Q

s 75 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - interlocutory proceedings

47
Q

s 97 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - The tendency rule

48
Q

s 137 of the Evidence Act 2008 (Vic)

A

Discretionary and mandatory exclusions - Exclusion of prejudicial evidence in criminal proceedings

49
Q

s 56 of the Evidence Act 2008 (Vic)

A

Relevance -

(1) Relevant evidence to be admissible
(2) No relevant evidence is not admissible

50
Q

s 90 of the Evidence Act 2008 (Vic)

A

Admissions - Discretion to exclude admissions

51
Q

s 67 of the Evidence Act 2008 (Vic)

A

Hearsay - Notice to be given

52
Q

s 139 of the Evidence Act 2008 (Vic)

A

Discretionary and mandatory exclusions - Cautioning of persons

53
Q

s 119 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Litigation

54
Q

s 131 of the Evidence Act 2008 (Vic)

A

Privileges - Evidence excluded in the public interest - Exclusion of evidence of settlement negotiations

55
Q

s 126K of the Evidence Act 2008 (Vic)

A

Privileges - Journalist privilege - Journalist privilege relating to identity of informant

56
Q

s 70 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - contents of tags, labels and writing

57
Q

s 87 of the Evidence Act 2008 (Vic)

A

Admissions - Admissions made with authority

58
Q

s 124 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Loss of client legal privilege—joint clients

59
Q

s 83 of the Evidence Act 2008 (Vic)

A

Admissions - Exclusion of evidence of admissions as against third parties

60
Q

s 134 of the Evidence Act 2008 (Vic)

A

Privileges - General -

Inadmissibility of evidence that must not be adduced or given

61
Q

s 117 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Definitions

62
Q

s 71 of the Evidence Act 2008 (Vic)

A

Hearsay - Exception - electronic communications

63
Q

s 114 of the Evidence Act 2008 (Vic)

A

Identification evidence -

Exclusion of visual identification evidence

64
Q

s 61 of the Evidence Act 2008 (Vic)

A

Hearsay - Exceptions to the hearsay rule dependant on competency

65
Q

s 81 of the Evidence Act 2008 (Vic)

A

Admissions - Hearsay and opinion rules - exception for admissions and related representations

66
Q

s 118 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Legal advice

67
Q

s 109 of the Evidence Act 2008 (Vic)

A

Character - Application

68
Q

s 126 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Loss of client legal privilege—related communications and documents

69
Q

s 100 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - Court may dispense with notice requirements

70
Q

s 106 of the Evidence Act 2008 (Vic)

A

Credibility - Exception—rebutting denials by other evidence

71
Q

s 111 of the Evidence Act 2008 (Vic)

A

Character - Evidence about character of co-accused

72
Q

s 94 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - Application

73
Q

s 127 of the Evidence Act 2008 (Vic)

A

Privileges - Other privileges -

Religious confessions

74
Q

s 86 of the Evidence Act 2008 (Vic)

A

Admissions - Exclusion of records of oral questioning

75
Q

s 131A of the Evidence Act 2008 (Vic)

A

Privileges - General -

Application of Part to preliminary proceedings of courts

76
Q

s 132 of the Evidence Act 2008 (Vic)

A

Privileges - General -

Court to inform of rights to make applications and objections

77
Q

s 123 of the Evidence Act 2008 (Vic)

A

Privileges - Client legal privilege - Loss of client legal privilege—accused

78
Q

s 113 of the Evidence Act 2008 (Vic)

A

Identification evidence -

Application of Part

79
Q

s 68 of the Evidence Act 2008 (Vic)

A

Hearsay - Objections to tender of hearsay evidence in civil proceedings if maker available

80
Q

s 99 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - Requirements for notices

81
Q

s 103 of the Evidence Act 2008 (Vic)

A

Credibility - Exception—cross-examination as to credibility

82
Q

s 133 of the Evidence Act 2008 (Vic)

A

Privileges - General -

Court may inspect etc. documents

83
Q

s 95 of the Evidence Act 2008 (Vic)

A

Tendency and coincidence - Use of evidence for other purposes

84
Q

s 128 of the Evidence Act 2008 (Vic)

A

Privileges - Other privileges -

Privilege in respect of self-incrimination in other proceedings

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