Lawmaxxer

Australia · Year 4 · Evidence

Uniform Evidence Law

Evidence Act 1995 and common-law rules.

1/6

Space flip · ← → navigate · S save

Show all 6 questions and answers in this book

  1. 1.What is the Uniform Evidence Law?

    The Evidence Act 1995 (Cth) and mirror Acts in NSW, Victoria, Tasmania, the ACT and the NT (not Queensland, SA or WA).

    Evidence Act 1995 (Cth)

  2. 2.Evidence Act 1995, s 55?

    Relevant evidence is evidence that, if accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue.

    Evidence Act 1995 (Cth), s 55

  3. 3.Evidence Act 1995, s 59?

    The hearsay rule: evidence of a previous representation is not admissible to prove the existence of a fact the person intended to assert by it.

    Evidence Act 1995 (Cth), s 59

  4. 4.Evidence Act 1995, s 137?

    In a criminal proceeding the court must refuse to admit prosecution evidence if its probative value is outweighed by the danger of unfair prejudice to the defendant.

    Evidence Act 1995 (Cth), s 137

  5. 5.Jones v Dunkel (1959) — rule?

    An unexplained failure to call a witness who would be expected to be called may lead to an inference that their evidence would not have helped that party.

    (1959) 101 CLR 298

  6. 6.The rule in Browne v Dunn (1893)?

    A party who intends to contradict a witness's evidence must put that contradiction to the witness in cross-examination.

    (1893) 6 R 67 (HL)