[ 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
s 66 of the Evidence Act 2008 (Vic)
Hearsay - Exception - criminal proceedings if maker available
26
s 125 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Loss of client legal privilege—misconduct
27
s 120 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Unrepresented parties
28
s 84 of the Evidence Act 2008 (Vic)
Admissions - Exclusion of admissions influenced by VOID conduct
29
s 62 of the Evidence Act 2008 (Vic)
Hearsay - Restriction to "first-hand" hearsay
30
s 122 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Loss of client legal privilege—consent and related matters
31
s 101A of the Evidence Act 2008 (Vic)
Credibility - Credibility evidence
32
s 110 of the Evidence Act 2008 (Vic)
Character - Evidence about character of an accused
33
s 98 of the Evidence Act 2008 (Vic)
Tendency and coincidence - The coincidence rule
34
s 129 of the Evidence Act 2008 (Vic)
Privileges - Evidence excluded in the public interest - Exclusion of evidence of reasons for judicial etc. decisions
35
s 65 of the Evidence Act 2008 (Vic)
Hearsay - Exception - criminal proceedings if maker not available
36
s 136 of the Evidence Act 2008 (Vic)
Discretionary and mandatory exclusions - General discretion to limit use of evidence
37
s 64 of the Evidence Act 2008 (Vic)
Hearsay - Exception - civil proceedings if maker available
38
s 130 of the Evidence Act 2008 (Vic)
Privileges - Evidence excluded in the public interest - Exclusion of evidence of matters of state
39
s 101 of the Evidence Act 2008 (Vic)
Tendency and coincidence - Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
40
s 89 of the Evidence Act 2008 (Vic)
Admissions - Evidence of silence
41
s 115 of the Evidence Act 2008 (Vic)
Identification evidence - | Exclusion of evidence of identification by pictures
42
s 108 of the Evidence Act 2008 (Vic)
Credibility - Exception—re-establishing credibility
43
s 76 of the Evidence Act 2008 (Vic)
Opinion - The opinion rule
44
s 73 of the Evidence Act 2008 (Vic)
Hearsay - Exception - reputation as to relationships and age
45
s 135 of the Evidence Act 2008 (Vic)
Discretionary and mandatory exclusions - General discretion to exclude evidence
46
s 75 of the Evidence Act 2008 (Vic)
Hearsay - Exception - interlocutory proceedings
47
s 97 of the Evidence Act 2008 (Vic)
Tendency and coincidence - The tendency rule
48
s 137 of the Evidence Act 2008 (Vic)
Discretionary and mandatory exclusions - Exclusion of prejudicial evidence in criminal proceedings
49
s 56 of the Evidence Act 2008 (Vic)
Relevance - (1) Relevant evidence to be admissible (2) No relevant evidence is not admissible
50
s 90 of the Evidence Act 2008 (Vic)
Admissions - Discretion to exclude admissions
51
s 67 of the Evidence Act 2008 (Vic)
Hearsay - Notice to be given
52
s 139 of the Evidence Act 2008 (Vic)
Discretionary and mandatory exclusions - Cautioning of persons
53
s 119 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Litigation
54
s 131 of the Evidence Act 2008 (Vic)
Privileges - Evidence excluded in the public interest - Exclusion of evidence of settlement negotiations
55
s 126K of the Evidence Act 2008 (Vic)
Privileges - Journalist privilege - Journalist privilege relating to identity of informant
56
s 70 of the Evidence Act 2008 (Vic)
Hearsay - Exception - contents of tags, labels and writing
57
s 87 of the Evidence Act 2008 (Vic)
Admissions - Admissions made with authority
58
s 124 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Loss of client legal privilege—joint clients
59
s 83 of the Evidence Act 2008 (Vic)
Admissions - Exclusion of evidence of admissions as against third parties
60
s 134 of the Evidence Act 2008 (Vic)
Privileges - General - | Inadmissibility of evidence that must not be adduced or given
61
s 117 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Definitions
62
s 71 of the Evidence Act 2008 (Vic)
Hearsay - Exception - electronic communications
63
s 114 of the Evidence Act 2008 (Vic)
Identification evidence - | Exclusion of visual identification evidence
64
s 61 of the Evidence Act 2008 (Vic)
Hearsay - Exceptions to the hearsay rule dependant on competency
65
s 81 of the Evidence Act 2008 (Vic)
Admissions - Hearsay and opinion rules - exception for admissions and related representations
66
s 118 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Legal advice
67
s 109 of the Evidence Act 2008 (Vic)
Character - Application
68
s 126 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Loss of client legal privilege—related communications and documents
69
s 100 of the Evidence Act 2008 (Vic)
Tendency and coincidence - Court may dispense with notice requirements
70
s 106 of the Evidence Act 2008 (Vic)
Credibility - Exception—rebutting denials by other evidence
71
s 111 of the Evidence Act 2008 (Vic)
Character - Evidence about character of co-accused
72
s 94 of the Evidence Act 2008 (Vic)
Tendency and coincidence - Application
73
s 127 of the Evidence Act 2008 (Vic)
Privileges - Other privileges - | Religious confessions
74
s 86 of the Evidence Act 2008 (Vic)
Admissions - Exclusion of records of oral questioning
75
s 131A of the Evidence Act 2008 (Vic)
Privileges - General - | Application of Part to preliminary proceedings of courts
76
s 132 of the Evidence Act 2008 (Vic)
Privileges - General - | Court to inform of rights to make applications and objections
77
s 123 of the Evidence Act 2008 (Vic)
Privileges - Client legal privilege - Loss of client legal privilege—accused
78
s 113 of the Evidence Act 2008 (Vic)
Identification evidence - | Application of Part
79
s 68 of the Evidence Act 2008 (Vic)
Hearsay - Objections to tender of hearsay evidence in civil proceedings if maker available
80
s 99 of the Evidence Act 2008 (Vic)
Tendency and coincidence - Requirements for notices
81
s 103 of the Evidence Act 2008 (Vic)
Credibility - Exception—cross-examination as to credibility
82
s 133 of the Evidence Act 2008 (Vic)
Privileges - General - | Court may inspect etc. documents
83
s 95 of the Evidence Act 2008 (Vic)
Tendency and coincidence - Use of evidence for other purposes
84
s 128 of the Evidence Act 2008 (Vic)
Privileges - Other privileges - | Privilege in respect of self-incrimination in other proceedings