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Evidence - Principles, Policy and Practice [ Paperback ]
Author: Fiona Raitt

Greens Concise Scots Law Series
Publisher: W. Green
Jurisdiction: Scotland
Publication Date: 23/07/2008
ISBN: 9780414015883


This text builds upon earlier editions of Evidence in the Greens Concise Scots Law series but is a new textbook offering a fresh approach to the law of evidence. It focuses on how the key features of the adversarial system influence the way that evidence is gathered, assessed and used in the civil and criminal courts.

Evidence Principles, Policy and Practice provides broad coverage of the principles and concepts of evidence and sets these within a contemporary policy context. It takes account of the growing body of law from the European Court of Human Rights, considers the particular impact this has had on our adversarial system of justice, and anticipates areas of future development and law reform.

Case law and statutory provisions are discussed to illustrate principles, as well as to present strategies and arguments and to identify the scope for reform. The text is designed to meet the needs of both law students and legal practitioners.


CONTENTS

The adversarial system
1.Oral testimony; fact construction; judicial discretion; impact of ECHR jurisprudence
2. Concepts of evidence: relevancy; admissibility and exclusionary rules; sufficiency and corroboration

The role and status of witnesses
3. Witnesses: competence and compellability; credit and cross-examination; reliability and weight
4. Children and other vulnerable witnesses
5. Expert witnesses and opinion evidence

The process of proof
6. Proof: burdens of proof, standard of proof, presumptions and judicial knowledge
7. Corroboration: Moorov doctrine / distress
8. Conduct of the proof or trial

The exclusionary rules
9. Improperly obtained evidence: confessions and goods
10. Character, including sexual history evidence
11. Hearsay
12. Privilege, including legal professional privilege and public interest immunity


REVIEWS



SUBJECT GROUPS
Evidence
Scottish Law

PRICING OPTIONS
Main UK/Europe: £36.00 Inclusive of VAT