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Decks in this class (26)
CONCEPT 22: THE PRE-TRIAL SILENCE OF AN ACCUSED WHEN INFORMED OF
AN ACCUSATION AGAINST HIM IS NOT EVIDENCE OF GUILT,
SUBJECT TO EXCEPTIONAL CIRCUMSTANCES
Hall v r 1971 privy council case ...,
Judges rules 1912 revised 1964 2,
List of judges rules 3
57
cards
CONCEPT 1: EVIDENCE IS NECESSARY IN TRIAL BECAUSE FACTS ARE PUT IN
ISSUE
What is the definition of evidence 1,
Why are trials necessary 2,
What is the field of law concerne...
22
cards
CONCEPT 2: THE PROCESS OF DISCLOSURE IN CRIMINAL CASES IS GOVERNED
BY COMMON LAW. THE PROSECUTION HAS A DUTY TO DISCLOSE
BASED ON FAIRNESS
What is the status of pre trial s...,
What does the law of disclosure p...,
Define privilege in the context o...
83
cards
CONCEPT 3
:
THE PROCESS OF DISCLOSURE IN SUPREME COURT/HIGH COURT
CASES IS GOVERNED BY THE CIVIL PROCEDURE RULES (CPR) AND
INVOLVES FILING AND SERVING A LIST OF DIRECTLY RELEVANT
DOCUMENTS
What governs standard disclosure ...,
What is the purpose of the case m...,
What document is filed by each pa...
13
cards
CONCEPT 4: DISCLOSURE IN CIVIL AND CRIMINAL CASES IS SUBJECT TO THE
LAW OF PRIVILEGE
What governs the disclosure in cr...,
What rights does the law of privi...,
What is the distinction between c...
29
cards
CONCEPT 5
:
EVIDENCE ADMITTED AT TRIAL CONVEYS INFORMATION IN
DIFFERENT FORMS
What is oral evidence 1,
How is oral evidence typically gi...,
What is the legal capacity to giv...
38
cards
CONCEPT 6
AN UNSWORN STATEMENT BY AN ACCUSED FROM THE DOCK IS
NOT EVIDENCE, BUT THE JURY MAY GIVE IT WHATEVER WEIGHT
THEY THINK IT DESERVES
What did the uk criminal evidence...,
What right was preserved despite ...,
What abolished the right to make ...
11
cards
CONCEPT 7
:
AT DIFFERENT STAGES A TRIAL CONCERNS QUESTIONS OF LAW AND FACT AND
SOMETIMES MIXED QUESTIONS OF LAW AND FACTS
What is the admissibility of evid...,
Who decides what facts are to be ...,
What is the role of the tribunal ...
18
cards
CONCEPT 8
:
EVIDENCE IS A MEANS OF PROOF OR DISPROOF OF THE FACTS IN
ISSUE
What is the requirement for proof...,
Who cannot give opinion evidence ...,
What is an expert witness 3
93
cards
CONCEPT 9
:
THERE IS A DYNAMIC INTERPLAY BETWEEN LEGAL AND
EVIDENTIAL BURDENS IN A SUPREME COURT/HIGH COURT -
CRIMINAL TRIAL
What is the dynamic interplay dis...,
What is the prosecution s respons...,
What happens at stage 3 of the tr...
55
cards
CONCEPT 10
:
THERE IS A DYNAMIC INTERPLAY BETWEEN LEGAL AND
EVIDENTIAL BURDENS IN A SUPREME COURT/HIGH COURT - CIVIL
TRIAL WITHOUT A JURY
What is the dynamic interplay in ...,
What is the role of the claimant ...,
What can witness statements serve...
14
cards
CONCEPT 11:
THERE ARE DIFFERENCES BETWEEN SUPREME/HIGH COURT
CRIMINAL AND CIVIL TRIALS
Who are the parties involved in a...,
Who are the parties involved in a...,
What documents must be filed in a...
26
cards
CONCEPT 12
:
RELEVANCE TO FACTS IN ISSUE IS A PRE-CONDITION FOR THE
ADMISSION OF EVIDENCE
What is the fundamental rule of t...,
Who is responsible for demonstrat...,
In the privy council decision of ...
26
cards
CONCEPT 13: DETERMINATIONS AND RULINGS ON OBJECTIONS AS TO
ADMISSIBILITY OF EVIDENCE ARE DEALT WITH IN DIFFERENT
WAYS
What is the judge s role in deter...,
When might a judge hear legal arg...,
What is a voir dire 3
16
cards
CONCEPT 14:THE BASES FOR THE EXCLUSION OF EVIDENCE VARY IN
FLEXIBILITY
What is the historical approach o...,
How does christopher allen descri...,
What is an example of a rigid exc...
30
cards
CONCEPT 15
NON-EXPERT WITNESSES CANNOT GIVE EVIDENCE OF THEIR
OPINION IN RELATION TO THE FACTS IN ISSUE BUT EXPERT
WITNESSES CAN DO SO
What is the general rule at commo...,
What are witnesses not allowed to...,
Who is responsible for forming op...
115
cards
CONCEPT 16
:
THERE ARE SPECIAL CATEGORIES OF
WITNESSES WHO CANNOT GIVE EVIDENCE AND
OTHER CATEGORIES WHO MAY NOT GIVE
EVIDENCE
What is the general position rega...,
Under what circumstance can an ac...,
What was held in r v payne regard...
51
cards
CONCEPT 17
WARNINGS TO THE JURY APPLY AT COMMON LAW FOR SPECIAL
CATEGORIES OF PROSECUTION WITNESSES
What are the two types of warning...,
What is the essence of a corrobor...,
Which categories of witnesses req...
100
cards
CONCEPT 18: THE MANNER AND SCOPE OF EXAMINATION-IN-CHIEF AND RE-
EXAMINATION REFLECT THE ASSUMPTION THAT THE WITNESS SO
EXAMINED IS FAVOURABLE TO THE CASE OF THE EXAMINER- IN-
CHIEF
What are leading questions 1,
Are leading questions allowed in ...,
What is the underlying assumption...
72
cards
CONCEPT 19
THE MANNER AND SCOPE OF CROSS-EXAMINATION REFLECT THE
ABSENCE OF AN ASSUMPTION THAT THE WITNESS CROSS-
EXAMINED IS FAVOURABLE TO THE CASE OF THE CROSS-
EXAMINER
What is the primary purpose of cr...,
What does the term impeach refer ...,
Are leading questions permissible...
70
cards
CONCEPT 20
PRE-TRIAL IDENTIFICATION PROCEDURES AND SPECIAL
WARNINGS TO THE JURY ARE INTENDED SAFEGUARDS AGAINST
WRONGFUL CONVICTIONS ON DISPUTED IDENTIFICATION
EVIDENCE
What are the safeguards of identi...,
Under what circumstances should a...,
What did lord hoffmann state abou...
83
cards
CONCEPT 21:PRE-TRIAL OUT OF COURT STATEMENTS ARE INADMISSIBLE AS
PROOF OF THE TRUTH OF THEIR CONTENTS, SUBJECT TO
EXCEPTIONS
What has historically been requir...,
What is the significance of oral ...,
Define hearsay in legal terms 3
167
cards
CONCEPT 23:PRE-TRIAL ILLEGALITY/ UNCONSTITUTIONALITY IN OBTAINING
EVIDENCE DOES NOT NECESSARILY MAKE IT INADMISSIBLE AT TRIAL
What is the common law exclusiona...,
What question did the court of ap...,
What discretion does a trial judg...
40
cards
CONCEPT 24:DIFFERENT LEGAL BASES TO EXCLUDE PRE-TRIAL
INCRIMINATING STATEMENTS BY THE ACCUSED TO PERSONS IN
AUTHORITY; SOME BASES REQUIRE EXCLUSION AND OTHERS
MAKE IT DISCRETIONARY
What is the significance of the p...,
Define the term confession as use...,
What did lord sumner state regard...
146
cards
CONCEPT 25: PRE-TRIAL STATEMENTS OF ACCUSED TO POLICE ON ARREST, IF AND WHEN ADMITTED INTO EVIDENCE, HAVE
DIFFERENT EVIDENTIAL VALUES, DEPENDING ON THE PARTY
TENDERING IT AND ITS CONTENTS
What is the evidential value of a...,
What are mixed statements by the ...,
Which house of lords decision is ...
127
cards
CONCEPT 26:
What is the general rule regardin...,
Is evidence that an accused has n...,
What type of evidence is generall...
165
cards
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Law Of Evidence
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