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House Keeping Notes
Intro - Dr Kai Luck | Barrister
Overview of Evidence Law
--- Overview of Evidence Law
--- Visual | Evidence Answer Structure: A Roadmap
--- Tendering Vs Admissibility
--- Example: Tendering Vs Admissibilty
--- Quiz: Tendering Vs Admissibility
--- Case Scenario: Tendering Vs Admissibility
--- Exam Skill Tip: Tendering Vs Admissibility
Lesson 1: Types of Evidence
--- Competence and Compellability (ss 12 - 16)
--- Examples: Competence and Compellability (ss 12, 13, 18)
--- Bench Book Commentary | Competence and Compellability
--- Quiz: Competence and Compellability (ss 12,13,18)
--- Case Scenario: Competence and Compellability (ss 12,13,18)
Lesson 2: Oaths and Affirmations
--- Oaths and Affirmations (ss 21 - 24)
--- Example: Oaths and Affirmations (ss 21 - 24)
--- Quiz: Oaths and Affirmations (ss 21 - 24)
--- Case Scenario: Oaths and Affirmations (ss 21 - 24)
--- Visual | Exam Skill | Structuring Your Answer
--- Exam Skill Tip: Structuring Your Answer
--- Exam Skill Tip: IRAC
Lesson 3: General rules about giving evidence
--- General rules about giving evidence (ss 26 - 29, 32 and 34)
--- Example: General rules about giving evidence (ss 26 - 29, 32 and 34)
--- Quiz: General rules about giving evidence (ss 26 - 29, 32 and 34)
--- Case Scenario: General rules about giving evidence (ss 26 - 29, 32 and 34)
Lesson 4: Examination and cross-examination of witnesses
--- Examination and Cross-Examination (ss 37 - 46)
--- Browne v Dunn Rule
--- Browne v Dunn | Dr Kai Luck
--- Exam Skill Tip | Browne v Dunn
--- Jones v Dunkel Rule
--- Jones v Dunkel | Dr Kai Luck
--- 10 Rules for Examination-in-Chief
--- Quiz: Examination-in-Chief
--- Examples: Cross-examination
--- Case Study: Cross Examination
--- Visual | Irving Younger's 10 Commandments of Cross-Examination
--- Quiz: Cross-examination
Lesson 5: Documentary Evidence
--- Documentary Evidence (ss 47, 48 and 50)
--- Example: Loan Dispute Between Two Businesses
--- Quiz: Documentary Evidence
--- Case Scenario: Documentary Evidence (ss 47, 48 and 50)
Lesson 6: Admissibility of Evidence | Relevance
--- Admissibility of Evidence | Relevance (ss 55 - 58)
--- Admissibility of Evidence | The Relevance Test (s 55)
--- Admissibility of Evidence | The Relevance Test | Dr Kai Luck
--- Example: Admissibility | The Relevance Test (s 55)
--- Quiz: Admissibility | The Relevance Test (s 55)
--- Case Scenario: Admissibility | The Relevance Test (s 55)
Lesson 7: Hearsay and its primary exceptions
--- Hearsay and its primary exceptions (ss 59 - 64, 66A - 71)
--- Categories of Admissibility | Hearsay (s 59)
--- Visual | Hearsay Roadmap
--- Example: Hearsay Rule
--- Quiz: Hearsay Rule (ss 59,60)
--- Case Scenario: Hearsay Rule (ss 59,60)
--- Exam Skill Tip: Structuring Your Answer
--- First-hand hearsay (ss 62,63) - Maker is unavailable
--- Example: First-hand Hearsay (ss 62,63)
--- Quiz: First-hand Hearsay (ss 62,63,65)
--- Case Scenario: First-hand Hearsay (ss 62,63)
--- First-hand hearsay (s 64 civil) - Maker is available
--- Example: First-hand Hearsay (s 64 civil)
--- First-hand hearsay (s 67) | Notice requirements & Objections
--- Exam skill tip: first-hand hearsay | Structuring your answer
--- Quiz: First-hand Hearsay
--- Case Scenario: First-hand Hearsay
--- Business Records Exception (s 69) | Is Documentary Evidence Hearsay?
--- Example: Business Records Exception (s 69)
--- Quiz: Business Records Exception (s 69)
--- Case Scenario: Business Records Exception (s 69)
--- Visual | Hearsay Roadmap
Lesson 8: Opinion and Expert Evidence
--- Opinion and Expert Evidence (ss 76 - 80)
--- Case Study: Opinion Evidence
--- Quiz: Opinion Evidence
Lesson 9: Admissions | First-hand Admission
--- Admissions (ss 81 - 84, 87 - 88)
--- Quiz: First-hand Admission
--- Case Scenario: First-hand Admission
Lesson 10: Tendency and coincidence evidence
--- Tendency and Coincidence Evidence (ss 94 - 100)
--- Example 1: Tendency Evidence
--- Cases on Tendency and Coincidence Evidence
--- Visual: A Comparison between Tendency and Coincidence Evidence
--- Example 2: Coincidence Evidence
--- Quiz: Tendency and Coincidence Evidence
Lesson 11: Credibility Evidence
Credibility Evidence (ss 101A - 103, 106, 108, 108A and 108C)
--- Visual | A Comparison Between Character Evidence and Credibility Evidence
--- Example 1: Prior Inconsistent Statements, Bias, and Cross-Examination
--- Example 2: Expert Evidence
--- Quiz: Credibility Evidence
--- Exam Skill Tip | Pre-drafting your answers
--- Visual | Exam Skill Tip | Pre-drafting Your Answers
Lesson 12: Privileged Information (s 118, 119, 128, 128A, 131)
--- Privilege (ss 117 - 119, 128(1) - 128(8), 128(11) - 128(14), 128A and 131)
--- Examples: Privilege
--- Visual | Comparison Table: Legal Advice (s 118) and Litigation Privilege (s 119)
--- Visual | Types of Privilege
--- Quiz: Privilege
Lesson 13: Exclusionary discretions
--- Exclusionary discretions (ss 135(a) - 135(c), 136 and 138
--- Example 1: Court's discretion
--- Example 2: Warnings and leave
--- Case Study 1: On the court's discretion
--- Case Study 2: Section 138 Discretion
Lesson 14: Burden and standard of proof
--- Burden and standard of roof (ss 140 and 142)
--- Case Study: Standards of Proof
--- Visual | Standards of Proof
--- Quiz: Improperly or Illegally obtained evidence
--- Quiz: Court's discretion
Lesson 15: Unreliable evidence warning
--- Unreliable evidence warning (s 165)
--- Examples: Unreliable evidence warning (s 165)
--- Quiz: A dispute over property damage
--- Case Scenario: Unreliable evidence
Lesson 16: Procedure on questions of admissibility of evidence
--- Procedure on questions of admissibility of evidence (ss 189, 190(1), 190(3), 190(4), 191 - 193)
--- Voir Dire (s 189)
--- Example: Procedure on questions of admissibility of evidence (ss 189, 190(1), 190(3), 190(4), 191 - 193)
--- Quiz: Voir Dire
--- Case Scenario: Nathan v Macquarie Leasing; Fox v Westpac (No 3) [2024] VSC 688
--- Agreement as to Facts (s 191)
--- Example: Agreement as to Facts
--- Quiz: Agreement as to Facts
