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LAW2ECP- Evidence and Criminal ProcedureWeek 6 Onwards: Evidence and Examination by Moot

Kate Freedman, Senior Learning Advisor (Library) Law.April 2016

Evidence

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Evidence Act 2008 (Vic)

You will need a copy for the rest of semester and the Examination-by-moot

• The latest authorised version is 221 pages long.

• It may be wise to pick a quiet time in the library to print it out.

• To get the act:

Law Expert Help Guide

Victorian Legislation

Victorian Law Today

Select Acts, and E.

Open the Evidence Act

Use the Authorised Version.

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Cross on Evidence

• From the LMS, Go to the LAW2ECP Assessment Help Library Guide (down the bottom on the left).

• Cross on Evidence is similar to the printed edition

BUT

• More up to date

• Cross references to cases and legislation

• Works the same as Halsbury’s Laws of Australia

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Cross on Evidence

Browse for the Definition of Legal Burden of Proof:

• Chapter 4- The Burden of Proof and Presumptions

• Section 1- Different types of Burden of Proof

• B – Legal Burden

• Definition - Legal Burden

Try finding the section about:

1. The competency of the accused under modernlaw as a witness for the defence

2. The exception of hearsay upon hearsay as adying declaration of a statement from a deceased person

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Cross on Evidence

Search for the Definition of Legal Burden of Proof:

• Search Screen

• Legal burden of proof

• 4th Result- Definition - Legal Burden

Try searching for the section about:

1. The Opinion of an Expert Witness(hint: use expertise of witness)

2. Res Gestae as Original Evidence examples

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Searching for Cases: Casebase

Topic Searching: Find a case on the topic of unfavourable evidence?

• Using topic search

• 21 results

• Using catchword search

• Much narrower results (11 results)

• Truncation

• Don’t forget Lexis Nexis uses (!)

• admissib! gives admissible, admissibility…

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Searching for Cases: Casebase

Searching for Legislation Judicially Considered?

• Search for cases that are about section 55 of the Evidence Act 2008 (Vic)

• Search for cases on section 142 of the Evidence Act 2008 (Vic)

• Search for cases on section 81 of the Evidence Act 2008 (Vic)

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Uniform Evidence Manual

• Access via the LAW2ECP Assessment Help Library Guide

• Browse or Search

• The manual follows the structure of the act. It provides commentary on each substantive section of the act, but does not reproduce the act.

• Browse to see Part 3.9

• Search is very basic, each word is searched separately- use browse where possible.

• Introduction to Changes

• DIY Knowledge Tests (very useful: do in your own time)

• Flowcharts- very useful.

Mooting-

Watch the Mooting Videos linked to on the Assessment Help

Library Guide.

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In Conclusion: Be Prepared

• Know the Problem

• Know the Legislation

• Practice, Practice, Practice

For help contact Kate Freedman:K.freedman@latrobe.edu.au

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Answers

Cross on Evidence

Browsing:

1. Section 13090 (Chapter 7; Section 2; D- The accused; As a witness for the defence; Accused competent for the defence)

2. Section 33305 (Chapter 17; Section 1; E-Dying declarations; conditions of admissibility; Hearsay upon Hearsay)

Searching:

1. Section 29060- use expertise of witness to search

2. Section 37145- use res gestae original evidence examples to search

CaseBase: Searching for Cases

1. 4 results

2. 3 results