Lecture 3 in Laws 13010: Evidence and Proof

Lecturer: Anthony Maranac

Introduction

• Topic: Methods of Proof
• Importance: Understanding how to assemble evidence to form a case

Key Points

• Structure Evidence: How to take bits of evidence and structure them into a case
• Convince Judge/Jury: Use evidence to convince that you and your client are right

Methods of Proof Overview

• Sequence: Present the overall picture early, then dive into detailed rules
• Objective: Contextual understanding of assembling evidence

Constructing a Case

1. What must I prove and to what standard?
   • Elements of the cause of action must be clear
   • Understand standard of proof (e.g., Brigginshaw standard)
2. What information is available?
   • Distinguish relevant evidence from interesting but useless evidence
3. Direct or indirect information?
   • Direct: Clear observation by a witness
   • Indirect: Stronger hints but not a direct observation
4. Inadmissible information
   • Discard unlawful or inadmissible hearsay evidence
5. Reliability of evidence
   • Ensure evidence is not easily knocked down by the opposition
6. Highest probative value?
   • Identify the strongest evidence (evidential diamonds)
7. Form of evidence
   • Testimony, documents, or real evidence

Types of Evidence

Testimony

• Definition: Evidence given viva voce detected by the witness’s five senses
• Preferred: The gold standard of evidence
• Relevant Case: People in Ogden
  • Testimony on voice identification deemed admissible
• Competence: Ability to understand oath and duty to tell the truth
  • Children and mental illness/disability considerations
  • Queensland Evidence Act Section 9: Definition of competence
• Compellability: Who must give evidence
  • General rule: All competent persons are compelable except the accused

Privilege

• Self-Incrimination: Right to refuse answering incriminatory questions
• Client-Professional: Protects solicitor-client communications
• Parliamentary: Protects statements made in parliamentary proceedings

Testimony Types

1. Observation Evidence
   • Pure observation rare, often opinionated
2. Opinion Evidence
   • Non-expert vs. expert opinion
   • Examples: Crown and Whitby (police officer's observation)
3. Hearsay Evidence
   • Generally inadmissible, exceptions exist

Documentary Evidence

• Forms: Books, photos, electronic records, etc.
• Types:
  • Business records
  • Computer records
  • Legal documents
  • Substance of a cause of action isn’t typically evidence

Real Evidence

• Catch-all for various types

1. Exhibits
   • Physical objects (e.g., murder weapons)
   • Requires chain of custody
2. Courtroom Observation
   • Witness demeanor and performance
   • Case: GIO and Bailey (judge observed plaintiff's physical condition)
3. Courtroom Demonstration
   • Caution: May be theatrical without real relevance
4. Views
   • Excursions to scene of offense
   • Controversial, should be guided carefully by context

Judicial Notice and Formal Admissions

• Judicial Notice: Facts so obvious they need no proof
• Formal Admissions: Agreed facts between parties

Practical Applications

Erin Brockovich Case Study

• Demonstrates the assembly of compelling evidence
• Excerpts show negotiation strength due to strong evidence

Conclusion

• Understand how to assemble and present evidence effectively
• Preparation and reliable evidence are key to winning a case
• Upcoming content: Detailed discussion on hearsay and other exceptions

Note: The lecture emphasized foundational principles and will expand on specifics in future classes. Enjoy reviewing the Erin Brockovich movie scene for practical understanding.