Rarotonga, 2010

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Evidence

The practice of law is a lot like doing algebra. The legal rules are the formulae and the facts are the variables and numbers. You plug the facts into the applicable rules and you get a legal result: breach of contract or not, tort or not, guilty or not guilty, etc.

Evidence is the raw material of facts, the things that lawyers present to the court in the hope that they will be granted the coveted status of 'facts'. They are 'fact candidates'. When evidence is filtered through the scrupulous rules of evidence, the survivors are 'facts'.



A. EVIDENCE - GENERAL

General
Ontario Evidence Statute Law



B. BASIC EVIDENCE CONCEPTS

Credibility
Relevance
Materiality
Probative
Compellability
Competency
Prejudice
Standard of Proof
Circumstantial Evidence
Motive
Onus of Proof
Gate-Keeping
Speculation
Admissions
Inherently Incapable of Proof



C. HEARSAY

Hearsay - Basics

Hearsay - Principled Exception (Necessity and Reliability) | Part II | Part III
Hearsay - Res Gestae Exception
Hearsay - State of Mind Exception
Hearsay - Dying Declaration Exception
Hearsay - Expressive Conduct
Hearsay - Statement Against Penal Interest
Hearsay - Judicial Records Exception
Hearsay - Past Recollection Recorded Exception
Hearsay - Co-conspirators Exception
Hearsay - Documents in Possession Exception



D. PRIVILEGE

Privilege - General

Litigation Privilege | Part II
Solicitor-Client Privilege | Part II
Litigation and Solicitor-Client Privilege Contrasted
Settlement Privilege
Spousal Privilege and Incompetency Rule
Informer Privilege
Public Interest Privilege
Absolute Privilege



E. OPINION and EXPERT EVIDENCE

Opinion Evidence

Expert Opinion - R53.03
Expert Opinion - Basics
Expert Opinion - Criteria
Expert Opinion - Necessity
Expert Opinion - Expert Report (Participation v Litigation Experts)
Expert Opinion - Duties of Impartiality and Independence
Expert Opinion - The 'Ultimate Issue'
Expert Opinion - Hearsay
Experts - Non-Opinion Evidence
Experts - Adopting Documents



F. OTHER SPECIFIC RULES

Collusion
Extrinsic Evidence
Polygraph Evidence
Spoliation of Evidence
Foreign Law
Inferences
Uneven Scrutiny of Evidence
Hand-writing
Signatures
Prior Consistent Statements
Prior Inconsistent Statements
Estoppel Certificate
Browne v Dunn
Judicial Notice
Parole Evidence
Similar Facts | Part II | Handy
Failure to Adduce
Demeanour
Identification
Character Evidence
Collateral Fact Evidence
Assertive Conduct
Post-Offence Conduct
Oath-Helping
Litigation Documents
Child Witnesses
Criminal Records



G. EVIDENCE PRACTICE

Objections
Affidavits
Discovery
Testimony
Trial
Summary Judgment
Refreshing Memory
Exclusion of Witnesses
Adverse Witness
International Letters of Request








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