PCLL Conversion Notes and Model Exam Answers (PCLL Conversion Past Paper Answers) for Evidence Law for the PCLL Conversion Examinations.
1. Introduction
- Principal items and classification of evidence
- Relevance
- Admissibility
- Best evidence rule
- Probativeness and prejudice
- Judicial discretion to exclude
2. Burden and standard of Proof
- Legal burdens
- Evidential burden
- Criminal standard of proof
- Civil standard of proof
3. Proof without evidence
- Presumptions
- Judicial notice
- Formal admissions
4. Division of functions between judge and jury
- Questions of law and fact
- The voir dire and challenges to admissibility
- Sufficiency of evidence
5. Witnesses (1) – Competence and compellability
- Accused and co-accused
- Spouse
- Children
- Miscellaneous cases (diplomats, persons of unsound mind etc)
6. Witnesses (2) – Character
- Relevance
- Good character
- Bad character
7. Witnesses (3) – General
- Examination in chief
- Cross examination
- Corroboration
- Protection of vulnerable witnesses
- Warnings for special witnesses in criminal cases
8. Course of evidence
- Rule against prior consistent statements
- Refreshing memory
- Hostile witnesses
- Prior inconsistent statements
- Collateral questions
- Evidence in rebuttal
9. Opinion Evidence
- Non-expert opinion evidence
- Expert opinion evidence
- Ultimate issues
10. The Rule Against Hearsay
- Development of the rule and rationale
- General principles
- Exceptions
11. Admissions and confessions
- Definitions
- Oppression
- Voluntariness
- Unreliability
- Implication of co-accused
- Derivative evidence
- Mixed statement rule
12. Evidence unfairly or illegally obtained
- The common law
- Statute
- Human rights
- Judicial discretion as to
13. Privilege
- General principles
- Legal professional privilege
- Privilege against self-incrimination
- Marital privilege
14. Identification Evidence
- The General Rule
- Proof of Identity of the Accused
- Visual Identification
- Weight of Evidence of Visual Identification
15. Similar Fact Evidence
- The General Rule
- Similar Facts to Rebut Defence
- Instances where Similar Fact Evidence is Admissible
- Similar Fact and Corroboration
- Evidence of Fact connected with the Offence