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Evidence Law Hardcore > All the sections > Flashcards

All the sections Flashcards

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1
Q

ss12-20

A

PART 2.1 - WITNESSES
Division 1 - Competence and compellability of witnesses
12. Competence and compellability
13. Competence: lack of capacity
14. Compellability: reduced capacity
15. Compellability: Sovereign and others
16. Competence and compellability: judges and jurors
17. Competence and compellability: defendants in criminal proceedings
18. Compellability of spouses and others in criminal proceedings generally
19. Compellability of spouses and others in certain criminal proceedings
20. Comment on failure to give evidence

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2
Q

ss21-25

A

Division 2 - Oaths and affirmations

  1. Sworn evidence to be on oath or affirmation
  2. Interpreters to act on oath or affirmation
  3. Choice of oath or affirmation
  4. Requirements for oaths
    24A. Alternative oath
  5. Rights to make unsworn statements unaffected
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3
Q

ss26-32

A

Division 3 - General rules about giving evidence

  1. Court’s control over questioning of witnesses
  2. Parties may question witnesses
  3. Order of examination in chief, cross-examination and re-examination
  4. Manner and form of questioning witnesses and their responses
  5. Interpreters
  6. Deaf and mute witnesses
  7. Attempts to revive memory in court
  8. Evidence given by police officers
  9. Attempts to revive memory out of court
  10. Effect of calling for production of documents
  11. Person may be examined without subpoena or other process
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4
Q

ss37, 38, 39

A

Leading, adverse and re-ex Division 4 - Examination in chief and re-examination

  1. Leading questions
  2. Unfavourable witnesses
  3. Limits on re-examination
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5
Q

ss40-46

A

Division 5 - Cross-examination

  1. Witness called in error
  2. Improper questions
  3. Leading questions
  4. Prior inconsistent statements of witnesses
  5. Previous representations of other persons
  6. Production of documents
  7. Leave to recall witnesses
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6
Q

ss47-51

A

PART 2.2 - DOCUMENTS

  1. Definitions
  2. Proof of contents of documents
  3. Documents in foreign countries
  4. Proof of voluminous or complex documents
  5. Original document rule abolished
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7
Q

ss52-54

A

PART 2.3 - OTHER EVIDENCE

  1. Adducing of other evidence not affected
  2. Views
  3. Views to be evidence
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8
Q

ss55-58

A

PART 3.1 - RELEVANCE

  1. Relevant evidence
  2. Relevant evidence to be admissible
  3. Provisional relevance
  4. Inferences as to relevance
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9
Q

ss59-61

A

Division 1 - The hearsay rule

  1. The hearsay rule–exclusion of hearsay evidence
  2. Exception: evidence relevant for a non-hearsay purpose
  3. Exceptions to the hearsay rule dependent on competency
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10
Q

ss62-68

A

Division 2 - “First-hand” hearsay

  1. Restriction to “first-hand” hearsay
  2. Exception: civil proceedings if maker not available
  3. Exception: civil proceedings if maker available
  4. Exception: criminal proceedings if maker not available
  5. Exception: criminal proceedings if maker available
    66A. Exception: contemporaneous statements about a person’s health etc
  6. Notice to be given
  7. Objections to tender of hearsay evidence in civil proceedings if maker available
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11
Q

ss69-75

A

Division 3 - Other exceptions to the hearsay rule

  1. Exception: business records
  2. Exception: contents of tags, labels and writing
  3. Exception: electronic communications
  4. Exception: Aboriginal and Torres Strait Islander traditional laws and customs
  5. Exception: reputation as to relationships and age
  6. Exception: reputation of public or general rights
  7. Exception: interlocutory proceedings
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12
Q

ss76-80

A

PART 3.3 - OPINION

  1. The opinion rule
  2. Exception: evidence relevant otherwise than as opinion evidence
  3. Exception: lay opinions
    78A. Exception: Aboriginal and Torres Strait Islander traditional laws and customs
  4. Exception: opinions based on specialised knowledge
  5. Ultimate issue and common knowledge rules abolished
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13
Q

ss81-90

A

PART 3.4 - ADMISSIONS
81. Hearsay and opinion rules: exception for admissions and related representations
82. Exclusion of evidence of admissions that is not first-hand
83. Exclusion of evidence of admissions as against third parties
84. Exclusion of admissions influenced by violence and certain other conduct
85. Criminal proceedings: reliability of admissions by defendants
86. Exclusion of records of oral questioning
87. Admissions made with authority
88. Proof of admissions
89. Evidence of silence generally
89A. Evidence of silence in criminal proceedings for serious indictable offences
90. Discretion to exclude admissions

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14
Q

ss91-93

A

PART 3.5 - EVIDENCE OF JUDGMENTS AND CONVICTIONS

  1. Exclusion of evidence of judgments and convictions
  2. Exceptions
  3. Savings
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15
Q

ss94-101

A

PART 3.6 - TENDENCY AND COINCIDENCE

  1. Application
  2. Use of evidence for other purposes
  3. Failure to act
  4. The tendency rule
    97A. Admissibility of tendency evidence in proceedings involving child sexual offences
  5. The coincidence rule
  6. Requirements for notices
  7. Court may dispense with notice requirements
  8. Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
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16
Q

ss101A-108C

A

PART 3.7 - CREDIBILITY

       Division 1 - Credibility evidence

101A. Credibility evidence

       Division 2 - Credibility of witnesses
  1. The credibility rule
  2. Exception: cross-examination as to credibility
  3. Further protections: cross-examination as to credibility
  4. Further protections: defendants making unsworn statements
  5. Exception: rebutting denials by other evidence
  6. (Repealed)
  7. Exception: re-establishing credibilityDivision 3 - Credibility of persons who are not witnesses

108A. Admissibility of evidence of credibility of person who has made a previous representation
108B. Further protections: previous representations of an accused who is not a witness

       Division 4 - Persons with specialised knowledge

108C. Exception: evidence of persons with specialised knowledge

17
Q

ss109-112

A

PART 3.8 - CHARACTER

  1. Application
  2. Evidence about character of accused persons
  3. Evidence about character of co-accused
  4. Leave required to cross-examine about character of accused or co-accused
18
Q

ss113-116

A

PART 3.9 - IDENTIFICATION EVIDENCE
Note

  1. Application of Part
  2. Exclusion of visual identification evidence
  3. Exclusion of evidence of identification by pictures
  4. Directions to jury
19
Q

ss117-134

A

PART 3.10 - PRIVILEGES

       Division 1 - Client legal privilege
  1. Definitions
  2. Legal advice
  3. Litigation
  4. Unrepresented parties
  5. Loss of client legal privilege: generally
  6. Loss of client legal privilege: consent and related matters
  7. Loss of client legal privilege: defendants
  8. Loss of client legal privilege: joint clients
  9. Loss of client legal privilege: misconduct
  10. Loss of client legal privilege: related communications and documentsDivision 1A - Professional confidential relationship privilege

126A. Definitions
126B. Exclusion of evidence of protected confidences
126C. Loss of professional confidential relationship privilege: consent
126D. Loss of professional confidential relationship privilege: misconduct
126E. Ancillary orders
126F. Application of Division

       Division 1B - Sexual assault communications privilege
       Note

126G. Definitions
126H. Exclusion of evidence of protected sexual assault communications
126I. Application of Division

       Division 1C - Journalist privilege

126J. Definitions
126K. Journalist privilege relating to identity of informant
126L. Application of Division

       Division 2 - Other privileges
  1. Religious confessions
  2. Privilege in respect of self-incrimination in other proceedings
    128A. Privilege in respect of self-incrimination–exception for certain orders etcDivision 3 - Evidence excluded in the public interest
  3. Exclusion of evidence of reasons for judicial etc decisions
  4. Exclusion of evidence of matters of state
  5. Exclusion of evidence of settlement negotiationsDivision 4 - General

131A. Application of Part to preliminary proceedings of courts

  1. Court to inform of rights to make applications and objections
  2. Court may inspect etc documents
  3. Inadmissibility of evidence that must not be adduced or given
20
Q

ss135-139

A

PART 3.11 - DISCRETIONARY AND MANDATORY EXCLUSIONS

  1. General discretion to exclude evidence
  2. General discretion to limit use of evidence
  3. Exclusion of prejudicial evidence in criminal proceedings
  4. Exclusion of improperly or illegally obtained evidence
  5. Cautioning of persons
21
Q

ss140-163

A

CHAPTER 4 - PROOF
Note

PART 4.1 - STANDARD OF PROOF

  1. Civil proceedings: standard of proof
  2. Criminal proceedings: standard of proof
  3. Admissibility of evidence: standard of proof

PART 4.2 - JUDICIAL NOTICE

  1. Matters of law
  2. Matters of common knowledge
  3. Certain Crown certificates

PART 4.3 - FACILITATION OF PROOF

       Division 1 - General
  1. Evidence produced by processes, machines and other devices
  2. Documents produced by processes, machines and other devices in the course of business
  3. Evidence of certain acts of justices, Australian lawyers and notaries public
  4. Attestation of documents
  5. Seals and signatures
  6. Seals of bodies established under State law
  7. Documents produced from proper custodyDivision 2 - Matters of official record
  8. Gazettes and other official documents
  9. Documents published by authority of Parliaments etc
  10. Evidence of official records
    155A. Evidence of Commonwealth documents
  11. Public documents
  12. Public documents relating to court processes
  13. Evidence of certain public documents
  14. Official statisticsDivision 3 - Matters relating to post and communications
  15. Postal articles
  16. Electronic communications
  17. Lettergrams and telegrams
  18. Proof of letters having been sent by Commonwealth agencies
22
Q

s164

A

PART 4.4 - CORROBORATION

  1. Corroboration requirements abolished
23
Q

ss165-165B

A

PART 4.5 - WARNINGS AND INFORMATION

  1. Unreliable evidence
    165A. Warnings in relation to children’s evidence
    165B. Delay in prosecution
24
Q

s166-181

A

PART 4.6 - ANCILLARY PROVISIONS

       Division 1 - Requests to produce documents or call witnesses
       Note
  1. Definition of request
  2. Requests may be made about certain matters
  3. Time limits for making certain requests
  4. Failure or refusal to comply with requestsDivision 2 - Proof of certain matters by affidavits or written statements
    Note
  5. Evidence relating to certain matters
  6. Persons who may give such evidence
  7. Evidence based on knowledge, belief or information
  8. Notification of other partiesDivision 3 - Foreign law
  9. Evidence of foreign law
  10. Evidence of law reports of foreign countries
  11. Questions of foreign law to be decided by judgeDivision 4 - Procedures for proving other matters
  12. Certificates of expert evidence
  13. Convictions, acquittals and other judicial proceedings
  14. Proof of identity of convicted persons–affidavits by members of State or Territory police forces
  15. Proof of identity of convicted persons–affidavits by members of Australian Federal Police
  16. Proof of service of statutory notifications, notices, orders and directions
25
Q

ss182-198

A

CHAPTER 5 - MISCELLANEOUS

  1. Application of certain sections in relation to Commonwealth records
  2. Inferences
  3. Accused may admit matters and give consents
  4. Full faith and credit to be given to documents properly authenticated
  5. Swearing of affidavits before justices of the peace, notaries public and lawyers
  6. No privilege against self-incrimination for bodies corporate
  7. Impounding documents
  8. The voir dire
  9. Waiver of rules of evidence
  10. Agreements as to facts
  11. Leave, permission or direction may be given on terms
    192A. Advance rulings and findings
  12. Additional powers
  13. Witnesses failing to attend proceedings
  14. Prohibited question not to be published
  15. Proceedings for offences
  16. Regulations
  17. Savings, transitional and other provisions

Evidence Law Hardcore (5 decks)

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