Halsbury's Laws of Canada - Evidence

Description

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $280 each.

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*Per volume with commitment to purchase the entire 77-volume set.

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The law of evidence is one of the most important - and at times, challenging - areas of law. Because it is central to both the civil and criminal courtroom, a solid knowledge of its principles is essential for any lawyer whose files regularly or occasionally involve litigious matters. This important title brings together in one accessible source the law of evidence that applies in civil and criminal proceedings before Canadian courts. Topics covered include:

• Oral evidence
  • Competency and compellability
  • Testimonial qualifications of a witness
  • Examination of witnesses, prior inconsistent statements, refreshed and recorded memory
• Burden and quantum of proof
  • Civil and criminal proceedings
  • Charter litigation and Constitutional considerations
  • Presumptions
• Hearsay evidence
  • Exceptions to the rule against hearsay
  • Necessity and reliability
• Opinion evidence
• Statements to persons not in authority
• The confessions rule: statements to persons in authority
• Admissibility of statements
• Character evidence
• Application of the Canadian Charter of Rights and Freedoms
  • Commonly encountered Charter violations
  • Principles of exclusion
• Formal admissions
• Res judicata
• Various categories of privilege And much more.
  
  Features
  
  
• Enhanced contents
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
• References and abbreviations - an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
• Selected secondary sources - setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
• Glossary of definitions - identifying words and phrases defined in the various rules of civil procedure across Canada, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions
  
  Plus
  
  
• Table of cases
• Table of statutes and statutory instruments
• List of related titles
• Index

Table of Contents

1. Introduction

1. Introduction to the Law of Evidence
2. Sources of the Law of Evidence
3. Admissibility: Basic Concepts HEV-8
4. Relevancy, Probative Value and Prejudicial Effect
5. Appellate Review

Modes of Proof

1. Oral Evidence
2. Real Evidence
3. Documents
4. Corroboration

The Burden of Proof and Related Issues

1. Burden and Quantum of Proof
2. Presumptions

Hearsay

1. Introduction
2. Traditional Exceptions to the Rule Against Hearsay
3. The Principled Approach to Hearsay

Statements by the Accused Person

1. Overview
2. Statements to Persons not in Authority
3. The Confessions Rule: Statements to Persons in Authority
4. Statements by the Accused: Charter

Opinion Evidence

1. General
2. Lay Opinion
3. Expert Opinion

Character Evidence

1. Introduction
2. Character as a Fact in Issue
3. Character as Circumstantial Evidence

Privilege and Related Grounds of Exclusion

1. Introduction
2. Solicitor-Client Privilege
3. Litigation Privilege
4. Informer Privilege
5. Matrimonial Communications Privilege
6. Privilege for Settlement Discussions
7. Case-by-Case Privilege
8. Public Interest Immunity
9. Privilege Against Self-Incrimination
10. Records Subject to a Privacy Interest

Improperly Obtained Evidence

1. Common Law Background
2. Canadian Charter of Rights and Freedoms

Establishing Facts Without Evidence

1. Judicial Notice and Related Doctrines
2. Formal Admissions
3. Res Judicata

Author/Contributor

Hamish C. Stewart, B.A., Ph.D. (Econ.)(Harvard), LL.B.

Hamish C. Stewart, B.A., Ph.D. (Econ.)(Harvard), LL.B., is Associate Professor of Law at the University of Toronto, where his teaching and scholarship are focused on the law of evidence, criminal law and legal theory. Professor Stewart has published widely in these fields, and has also contributed papers on the topics of contract law and economic methodology. The general editor of Evidence: A Canadian Casebook, 2^nd Edition, an associate editor of the Canadian Criminal Cases, and book review editor of the University of Toronto Law Journal, Professor Stewart has served as law clerk to the judges of the Ontario Court of Appeal (1992-1993) and has taught economics at Williams College.

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