Class One - Evidence and Proof

Question 1

What are the primary goals of the law of evidence?

Answer 1

To promote accurate fact finding through an informed set of principles.

Question 2

What are the guiding principles of the laws of evidence?

Answer 2

• Fact finding should be RATIONAL
• Relevant info should be AVAILABLE to the court
• Irrational fact finding should be DISCOURAGED
• Unreliable info should be treated with CAUTION

Question 3

How do we establish rational fact finding?

Answer 3

• Draw boundaries about HOW evidence is used

- Distinguish between law/fact, fact/value, fact/opinion

Question 4

What are some of the competing goals in the laws of evidence?

Answer 4

• Accurate fact finding might be limited by concerns of justice/fairness
• Timely resolution of dispute vs need to consider all available evidence

Question 5

Which proceedings to the laws of evidence apply to?

Answer 5

s 4(1) Uniform Law - each statute applies to ‘all proceedings’

• top court of each jurisdiction (HCA, Supreme Courts)
• courts created by parliament (FCA, Family Court, Drug Court)