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Books on the topic 'Standards for the admissibility of a hearsay'
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1
Keane, Adrian, and Paul McKeown. 2. Preliminaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0002.
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This chapter discusses the following: (i) facts that are open to proof or disproof in English courts of law: facts in issue, relevant facts, and collateral facts; (ii) the varieties of evidence: testimony, hearsay evidence, documentary evidence, real evidence, circumstantial evidence (including motive, plans and preparatory acts, capacity, opportunity, identity, continuance, failure to give evidence or call witnesses, failure to provide samples, lies and standards of comparison), and conclusive evidence; (iii) the concepts of relevance and admissibility; (iv) the weight of evidence; (v) the functions of the judge and jury; (vi) judicial discretion to admit or exclude evidence; and (vii) proof of birth, death, age, convictions, and acquittals.
2
Keane, Adrian, and Paul McKeown. The Modern Law of Evidence. 14th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192855930.001.0001.
Full textAbstract:
The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, documentary and real evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, and the admissibility of previous verdicts.
3
Britain, Great. Children (Admissibility of Hearsay Evidence) Order 1991. Stationery Office, The, 1991.
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4
Britain, Great. Children (Admissibility of Hearsay Evidence) Order 1990. Stationery Office, The, 1990.
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5
Keane, Adrian, and Paul McKeown. The Modern Law of Evidence. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848486.001.0001.
Full textAbstract:
The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, documentary and real evidence, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege and judgments as evidence of facts on which they were based.
6
Keane, Adrian, and Paul McKeown. The Modern Law of Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.001.0001.
Full textAbstract:
The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.
7
Sime, Stuart. 33. Hearsay. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.4023.
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This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.
8
Sime, Stuart. 33. Hearsay. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.4023.
Full textAbstract:
This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.
9
Sime, Stuart. 33. Hearsay. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.4023.
Full textAbstract:
This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.
10
Keane, Adrian, and Paul McKeown. 11. Hearsay in criminal cases. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0011.
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This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d); and safeguards including provisions relating to the capability and credibility of absent witnesses the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.
11
The Children (Admissibility of Hearsay Evidence) Order 1993 (Statutory Instruments: 1993: 621). Stationery Office Books, 1993.
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12
Keane, Adrian, and Paul McKeown. 12. Hearsay admissible by statute in civil proceedings. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0012.
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Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The recommendations were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.
13
Britain, Great. The Children (Admissibility of Hearsay Evidence) Order (Northern Ireland) 1996 (Statutory Rule: 1996: 301). Stationery Office Books, 1996.
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14
Munday, Roderick. Evidence. 10th ed. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198832461.001.0001.
Full textAbstract:
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.
15
Munday, Roderick. Evidence. 11th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192895660.001.0001.
Full textAbstract:
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.
16
Munday, Roderick. Evidence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788720.001.0001.
Full textAbstract:
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.