10. Documentary and real evidence

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Material Objects ◽  
Documentary Evidence ◽  
Oral Testimony ◽  
Key Issues ◽  
The Law

This chapter discusses the law on documentary evidence and real evidence. It addresses the following key issues: Where a party to litigation wishes to adduce in evidence a statement contained in a document, (a) should it be open to proof by production of a copy of the document and, if so, (b) in what circumstances and subject to what safeguards? Where a party to litigation wishes to admit a document in evidence, (a) should he be required to establish that it was written, signed, or attested by the person by whom it purports to be written, signed, or attested and, if so, (b) how should these matters be established? When should material objects be admissible in evidence and why do they need to be accompanied by oral testimony? When, and subject to what safeguards, should a court inspect a place or object out of court?

10. Documentary and real evidence

2020 ◽  
pp. 301-319
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Material Objects ◽  
Documentary Evidence ◽  
Oral Testimony ◽  
Key Issues ◽  
The Law

This chapter discusses the law on documentary evidence and real evidence. It addresses the following key issues: Where a party to litigation wishes to adduce in evidence a statement contained in a document, (a) should it be open to proof by production of a copy of the document and, if so, (b) in what circumstances and subject to what safeguards? Where a party to litigation wishes to admit a document in evidence, (a) should he be required to establish that it was written, signed, or attested by the person by whom it purports to be written, signed, or attested and, if so, (b) how should these matters be established? When should material objects and other types of real evidence be admissible in evidence and why do they need to be accompanied by oral testimony? When, and subject to what safeguards, should a court inspect a place or object out of court?

2. The language of the law of evidence

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Circumstantial Evidence ◽  
Material Objects ◽  
Documentary Evidence ◽  
The Law ◽  
The Difference ◽  
Law Of Evidence ◽  
Hearsay Evidence

This chapter discusses the following: the basic terminology of the law of evidence and the often inconsistent use of these terms; the terminology of the qualities of evidence, including the difference between direct and circumstantial evidence; hearsay evidence; documentary evidence (both primary and secondary); real evidence, including material objects, demeanour, appearance, and views of the locus in quo; the terminology of the form of evidence (oral, documentary and real evidence); the terminology of facts to be proved; facts in issue; facts forming part of the res gestae; facts relevant to facts in issue; standards of comparison; and the terminology of admissibility and weight.

Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness

2021 ◽  
pp. 136571272110022
Author(s):  
Jennifer Porter
Keyword(s):  
Western Australia ◽  
Common Law ◽  
South Australia ◽  
Judicial Discretion ◽  
Trial Judge ◽  
Important Policy ◽  
Oral Testimony ◽  
The Common ◽  
The Law ◽  
Confession Evidence

The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there may be capacity for a different emphasis regarding the question of admissibility. This article considers the law currently operating in Western Australia, Queensland and South Australia to see whether or not, in the form of an audiovisual recording, the exercise of judicial discretion as to the question of the admissibility of confession evidence might be supported if the common law test of voluntariness was not a strict test of exclusion.

Key Issues for Teachers Regarding Legislation, Litigation, and Advocacy

2022 ◽  
pp. 204-217
Author(s):  
Theresa Ann Garfield ◽  
Albrey Hogan
Keyword(s):  
Case Studies ◽  
Legal Framework ◽  
Court Cases ◽  
Historical Overview ◽  
Key Issues ◽  
The Law

Understanding the laws governing education and key education-related litigation is essential for teachers to interpret and apply. Once teachers have this legal framework of knowledge, they can effectively advocate for their students, schools, and themselves. This chapter will supply a historical overview of the laws relevant to education, key court cases, and the steps needed to become advocates while applying this knowledge. In addition, case studies embedded within the chapter will provide a snapshot of how the law and the outcome of critical litigation play out in real classroom scenarios.

The leges municipales as a Means of Legal and Social Romanization of the Provinces of the Roman Empire

2020 ◽  
pp. 315-331
Author(s):  
Werner Eck
Keyword(s):  
Roman Empire ◽  
Daily Life ◽  
Second Century ◽  
Southern Spain ◽  
Roman Law ◽  
Legal Regulations ◽  
Documentary Evidence ◽  
General Phenomenon ◽  
The West ◽  
The Law

Sections of the leges municipales from at least forty different cities in Southern Spain have survived to us. These laws, understood as a powerful instrument by which Roman legal regulations were introduced into the provinces, are usually connected with Baetica. As a result it is too easy to overlook the fact that corresponding leges were issued wherever Roman or Latin cities were founded, and continued to be issued long after the Flavian era, the time to which most of the surviving fragments date. Documentary evidence has now made clear that leges municipales are a general phenomenon which continued to play a role in the second and third centuries CE. Fragments of city laws are known not only in the province of Alpes Maritimae, but also in Noricum (Lauriacum), Moesia superior (Ratiaria), and in Troesmis (Moesia inferior). The law for Troesmis is especially important because, in contrast to the laws from Baetica, it was issued for a Roman and not a Latin municipium. This demonstrates that specific Roman legal regulations, which were issued in Augustan times exclusively for Roman citizens, were still of relevance in the second century and also must have been used in the province of Moesia inferior. This material indicates that people had to obey Roman legal regulations more or less everywhere in nearly all provinces of the West. The leges municipales were thus one of the decisive means by which Roman law spread in the provinces—more so than has previously been realized—and could even be the basis for daily life.

The Modern Law of Evidence

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Comprehensive Analysis ◽  
Standard Of Proof ◽  
Academic Literature ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.

scholarly journals Sensitivity in the law of nuisance: Should people in glass houses expect voyeurs? Fearn v Tate Gallery [2019] EWHC 246 (Ch)

2019 ◽  
Vol 21 (2) ◽  
pp. 136-139 ◽  
Author(s):  
Chris Hilson
Keyword(s):  
Case Note ◽  
High Court ◽  
The Public ◽  
Environmental Tort ◽  
Key Issues ◽  
The Law

The case Fearn v Tate Gallery involved claims brought by luxury London flat owners for breach of privacy in relation to the Tate Modern’s nearby viewing platform. One of the key issues in the case, heard by Mann J in the High Court, was whether the floor-to-ceiling glass windows of the flats – through which members of the public on the viewing platform could easily gaze – meant the residents were unduly sensitive users of the land for the purposes of the tort of nuisance. This case note considers this question along with the principle in nuisance that it is normally no defence to say that the claimant came to the nuisance. Both sensitivity and the coming to the nuisance (non-) defence are important elements of nuisance as an environmental tort and hence the case is worthy of note for environmental lawyers.

Ostraka and the Law of Ostracism—Some Possibilities and Assumptions

1959 ◽  
Vol 79 ◽  
pp. 69-79 ◽  
Author(s):  
A. R. Hands
Keyword(s):  
Final Decision ◽  
Documentary Evidence ◽  
History Of ◽  
The Law

In his History of the Athenian Constitution (Oxford, 1952, pp. 159 ff.) Mr. Hignett rejected Aristotle's attribution of the law of ostracism to Kleisthenes and this rejection met with approval from R. J. Hopper in a review of his book in JHS lxxvi (1956) 141. In preferring a later date for the law, Androtion's date—or what is supposed to be Androtion's date, for without the full context of Harpokration's quotation we cannot be sure that the τότε πρῶτον of that passage is so precise in its reference as to imply a date significantly later than Aristotle's—Mr. Hignett relies mainly on the well-established argument (which he imagines may well have been Androtion's also) that ‘the authors of such a law cannot have intended to let it remain a dead letter … it must have been passed not long before its first application’ (p. 164). Indeed, this must be regarded as his only decisive (so intended) argument, for, as far as sources are concerned, he states ‘the Atthidographers … had no documentary evidence for the date of the law’ and ‘the different dates given by different writers are all due to conjecture’ (p. 160). Here he has the agreement of Jacoby, who says in FGH iii(b) (1954) 121 ‘there was as little documentary evidence for the introduction of ostracism as for the Seisachtheia’ (i.e. none at all), but the latter's conclusion is more cautious—‘our tradition does not allow of making a final decision between the dates of Androtion and Aristotle’ (p. 124).Our purpose in this paper is, first, to re-examine the historical (and even merely logical) possibilities in this question and to suggest that the more cautious conclusion is the proper one in the light of these possibilities; and, secondly, to review certain other conclusions, based on archaeological as well as literary evidence, arrived at by recent writers regarding the actual history of the institution, in order to see whether some of these too would not need to be more cautiously stated if all the possibilities were taken into account.

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