Nova Scotia Litigators Pocket Guide to Evidence

Description

Nova Scotia Litigator's Pocket Guide to Evidence provides instant solutions to common and unfamiliar evidentiary problems that can arise in civil, criminal, family or administrative proceedings. Difficult concepts are simplified for easy understanding and instant use in court. The author takes the common law and the provincial and federal evidence acts to their essentials. This book deals with all areas of the law of evidence and is complete with the latest guidance from the Supreme Court of Canada.

Written by James C. Morton, Past-President of the Ontario Bar Association, and a well-known litigator and lecturer, this book includes full coverage of theNova Scotia Evidence Act and is fully indexed to the specific sections of the Act, enabling the reader to easily locate a topic not only in the text, but in the Act itself.

Seeking the admissibility of testimony or a document, challenging the credentials of a proposed "expert" witness, or encountering other thorny evidentiary issues in the heat of the action should not require a lengthy adjournment. You simply need a portable and authoritative reference to resolve problems as they arise.

Answering the Key Questions

Nova Scotia Litigator's Pocket Guide to Evidence specifically addresses a wide range of issues, including:

• What is the difference between relevance and materiality?
• When must opposing witnesses be cross-examined?
• How has the case by case (Wigmore) exception to the hearsay rule been applied by the courts?
• How broad is the right to silence?
• What is the current rule for admitting wiretap evidence?
• What are the limits on solicitor-client privilege?
• To what extent can you impeach your own witness?
• When can a prior inconsistent statement be introduced?

Essential Features for Legal Professionals

You'll be amazed at how much vital information can be found in such a small package. Stripping the common law and the provincial and federal evidence acts to their essentials, this book manages to be:

• Easy to use - highlights the basic principles and leading cases on particular points
• Practical - offers a recommended pattern of questions and answers for use in direct and cross-examination, and a step by step approach for resolving admissibility issues
• Wide ranging - 21 chapters canvass all the major problem areas in evidence, drawing on leading Canadian and Commonwealth decisions
• Portable - its convenient size is ideal for reference in court or in meetings
• Up to date - reflects the latest Supreme Court of Canada decisions
• Reliable - written by a leading litigator who also teaches evidence law

Table of Contents

Chapter 1: Fundamental Principles
Chapter 2: The Justice System
Chapter 3: Appeals and Evidentiary Review
Chapter 4: Onus, Burden and Presumption
Chapter 5: Testimonial Evidence
Chapter 6: Examining Witnesses
Chapter 7: Hearsay
Chapter 8: Exemptions to the Hearsay Rule
Chapter 9: Exclusion of Otherwise Relevant Evidence
Chapter 10: Confessions
Chapter 11: Evidence Obtained Illegally
Chapter 12: The Exclusion Remedy Generally
Chapter 13: Protection of Confidential Relations
Chapter 14: Opinion Evidence
Chapter 15: Evidence of Character
Chapter 16: Similar Fact Evidence and Credibility
Chapter 17: Credibility
Chapter 18: The Best Evidence Rule
Chapter 19: Family Law
Chapter 20: Administrative Proceedings
Chapter 21: Forensic Evidence
Appendix I: Canada Evidence Act
Appendix II: Evidence Act (Nova Scotia Version)
Author/Contributor

James C. Morton, B.Sc., LL.B., LL.M.

James C. Morton, B.Sc., LL.B., LL.M., is a Partner with the Toronto law firm of Steinberg, Morton, Hope & Israel LLP, where he practises civil and commercial litigation and criminal law. Mr. Morton is an Adjunct Professor at Osgoode Hall Law School in Toronto, Ontario and Thomas M. Cooley Law School in Lansing, Michigan and has been certified by the Law Society of Upper Canada as a Specialist in Civil Litigation. Mr. Morton is Past President of the Ontario Bar Association.

To order or for current pricing go to:
store.lexisnexis.ca/store/ca or 1-800-668-6481

Price subject to change. Shipping, handling, and sales tax will be added where applicable. LexisNexis, the Knowledge Burst logo, and lexis.com are registered trademarks of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark of Matthew Bender properties Inc. Other products or services may be trademarks or registered trademarks of their respective companies. Copyright 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. No part of these materials including graphics or logos, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission of LexisNexis. Distribution for commercial purposes is prohibited.