Evidence & Proof
Master admissibility under the Evidence Act.
Evidence rewards method. Students who do well run each piece of evidence through the Uniform Evidence Act in a set order, so admissibility becomes a process rather than a guess. That method is the core of the subject, and it can be learned.
The challenge
Where students get stuck
Each piece of evidence must clear a sequence, and students usually lose marks by skipping a step under time pressure. Relevance comes first, then the exclusionary rules of hearsay, opinion, tendency and coincidence, and credibility, and then the discretions in sections 135, 137 and 138. Hearsay accounts for the most lost marks. This is because students apply its exceptions loosely. The section 137 balance of probative value against unfair prejudice is a balancing exercise that many students assert rather than structure.
How the method applies here
Admissibility is worked item by item. For each piece of evidence, state the rule and its section, apply it to that evidence, and conclude before moving on. Hearsay, tendency and coincidence, and the section 137 discretion decide most of the marks. The aim is an answer anchored to the Act and easy for an examiner to follow.
The method
One method, every problem
Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →
Common questions
Evidence & Proof: common questions
Which Evidence Act do these pages use?
The uniform Evidence Act in Victoria and the Commonwealth: the Evidence Act 2008 and the Evidence Act 1995. Check your own jurisdiction if it differs.
Hearsay is my weak point. Will it be covered?
Yes. Hearsay and its exceptions get their own module.
How do I structure an admissibility answer?
Section by section, one item of evidence at a time: state the rule, apply it to that evidence, conclude, then move on.
Related subjects: Criminal Law & Procedure, Disputes, Torts. See all subjects.
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