Evidence and Advocacy

0005/EFifth.

Murphy, Peter 저자(글)

Blackstone Press · 2002년 11월 07일

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작가정보

저자(글) Murphy, Peter

목차

• 
  Preface ix
  Preface to the First Edition x
  Fundamentals of Evidence 1(23)
  Introduction
  Burden of proof
  Standard of proof
  Relevance, admissibility and weight
  Making and refuting objections to admissibility
  Judicial discretion to admit or exclude evidence
  Evidence illegally or unfairly obtained
  Personal knowledge of the court
  Further reading
  Notes
  The Rule against Hearsay at Common Law 24(15)
  Introduction
  What hearsay is
  The crucial question: direct evidence or hearsay?
  Distinguishing direct evidence from hearsay: some useful examples
  Exceptions to the rule against hearsay
  The excited utterance rule
  Further reading
  Notes
  The Rule against Hearsay in Civil Cases 39(14)
  Introduction: the Civil Evidence Act 1995
  Abolition of the rule against hearsay in civil proceedings
  Proceedings to which the Act applies
  Procedural safeguards
  Matters affecting weight
  Use of copies
  Statements made by persons called as witnesses
  Impeachment of the maker of an admissible hearsay statement
  Preservation of common law exceptions
  Proof of business and public authority records
  Admissions
  Further reading
  Notes
  The Rule against Hearsay in Criminal Cases 53(10)
  Introduction
  Admissible hearsay statements: Criminal Justice Act 1988, section 23
  Admissible hearsay statements contained in documents created or received in the course of a trade, business, profession etc.: Criminal Justice Act 1988, section 24
  Discretion of the court to exclude evidence otherwise admissible under sections 23 and 24: Criminal Justice Act 1988, section 25
  Documents prepared for the purposes of criminal proceedins or the investigation of crime: Criminal Justice Act 1988, sections 26 and 24(4)
  Documents produced by computers: Police and Criminal Evidence Act 1984, section 69
  General considerations
  Further reading
  Notes
  Confessions and the Codes of Practice 63(26)
  Introduction
  Being there
  Taking instructions about confessions
  Admissibility of confessions
  Confessions and the Codes of Practice
  Recognising breaches of the Codes
  Challenging the weight of confessions
  Confessions implicating co-defendants
  Confessions made in response to confessions of co-defendants
  Confessions which reveal previous bad character
  Further reading
  Notes
  The Defendant's Denials, Mixed Statements, and Silence 89(18)
  Denials
  Mixed statements
  The defendant's silence
  The defendant's silence when questioned
  The defendant's failure to give evidence at trial
  General provisions affecting sections 34 to 37
  The defendant's failure to comply with disclosure provisions
  Civil cases
  Further reading
  Notes
  Evidence of Character 107(20)
  Introduction
  Good character
  Bad character
  Cross-examination about bad character
  Defences involing imputations on character
  Discretionary exclusion of character
  Giving evidence against co-defendants
  Improper references to character
  Further reading
  Notes
  Witnesses 127(19)
  Introduction
  What witnesses can I call to give evidence?
  What witnesses can I compel to attend to give evidence?
  How many witnesses should I call to give evidence?
  What kinds of witnesses should I call to give evidence?
  Further reading
  Notes
  Expert Evidence 146(10)
  Introduction
  Preparation of expert evidence
  Disclosure of expert evidence before trial
  Admissibility of expert reports
  Presentation of expert evidence at trial
  Summary
  Further reading
  Notes
  Privileges 156(11)
  Introduction
  General principles
  Legal professional privilege
  Privilege against self-incrimination
  Without-prejudice communications
  Further reading
  Notes
  Presentation of Evidence at Trial 167(31)
  Introduction
  Examination-in-chief
  Evidence of children in youth courts
  Evidence given by written witness statement in civil cases: CCR Ord. 20, r. 12A
  Cross-examination
  Impeachment of the maker of an admissible hearsay statement
  Re-examination and evidence in rebuttal
  Presentation of documentary and real evidence
  Further reading
  Notes
  Preparing and Presenting a Civil Case 198(14)
  Introduction
  Before the hearing
  Preparing for trial
  At the hearing
  Brown's rules
  During your opponent's cross-examination
  Your own cross-examination
  Final speech
  Further reading
  Note
  Preparing and Presenting a Criminal Case 212(17)
  Introduction
  The concept of the ideal closing speech
  Gathering the evidence
  Preparation of cross-examination
  Preparing the defendant's evidence-in-chief
  Preparing and delivering your speech
  Further reading
  Appendix: Extracts from Statutes, Codes of Practice and Rules of Court 229(83)
  Criminal Evidence Act 1898, section 1, as amended
  Police and Criminal Evidence Act 1984, sections 58 and 76--80
  Code of Practice (C) for the Detention, Treatment and Questioning of Persons by Police Officers
  Code of Practice (E) on Tape Recording of Interviews with Suspects
  Criminal Justice Act 1988, sections 23 to 26, 32 and 32A, Schedule 2
  Civil Evidence Act 1995 (1995, c. 38)
  County Court Rules 1981, Order 20, rules 27 and 28
  Rules of the Supreme Court 1965, Order 38, rules 36 to 44
  Index 312

기본정보

ISBN	9781854317674 ( 1854317679 )
발행(출시)일자	2002년 11월 07일
쪽수	321쪽
크기	144 * 204 * 18 mm / 404 g
총권수	1권
언어	영어