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Halsbury's Laws of Canada – Evidence (2018 Reissue)

This important title brings together in one accessible source the law of evidence that applies in civil and criminal proceedings before Canadian courts.
Publication Language: English
Book
$305.00
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Published:
ISBN/ISSN: 9780433494904

Product details

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $305 each.

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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.

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Table of contents

Introduction
  1. Introduction to the Law of Evidence
  2. Sources of the Law of Evidence
  3. Admissibility: Basic Concepts
  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