菲普森论证据

Foreword

Preface

Table of Cases

Table of Statutes

Table of Civil Procedure Rules

Table of Legislation

Table of Statutory Instruments

1. INTRODUCTION

1. Introductory

2. Definitions and classification

3. Inspection, view and production

4. Lex fo

5. Functions of judge and jury

6. Law and fact

7. Impact of the Human Rights Act

2. THE DEFINING OF THE ISSUES

1. Introduction

2. Statements of case and pleadings

3. Variance and amendment

3. JUDICIAL NOTICE

1. Judicial Notice： Introduction

2. Scope of the rule

3. Law, procedure and custom

4. Constitutional, political and administrative matters

5. Territorial and geographical divisions

6. Official gazettes, seals and signatures

7. Matters notified, and companies incorporated by statute

8. Notorious facts

9. Refreshing memory of judge

4. ADMISSIONS

1. Admissions generally

2. Formal admissions for purposes of trial

3. Principles common to admissions in civil cases and to confessions in criminal cases

4. Informal admissions-client, solicitor, counsel and witnesses

5. ESTOPPELS

1. Introductory

2. Legal estoppels

3. Equitable estoppel

6. BURDEN AND STANDARD OF PROOF

1. Concepts

2. Burden of proof in civil cases

3. Burden of proof in criminal cases

4. Presumptions

5.1mpact of the Human Rights Act on reverse burdens and presumptions

6. Standard of proof： criminal cases

7. Standard of proof： civil cases

7. RELEVANCE, ADMISSIBILTY AND WEIGHT： PREVIOUS AND SUBSEQUENT EXISTENCE OF FACTS： THE BEST EVIDENCE RULE

1. Facts in issue

2. Facts relevant to the issue

3. Facts which affect the legal reception or weight of the evidence tendered

4. Relevance and admissibility

5. Weight of evidence

6. Previous and subsequence existence of facts; course of business

7. Custom and usage

8. Standards of comparison

9. Treatment

10. The best evidence rule

8. ATTENDANCE OF WITNESSES

1. Scope of this chapter

2. Attendance of witnesses in civil cases

3. Attendance of witnesses in criminal cases

4. Witnesses within the United Kingdom

5. Witnesses out of the jurisdiction

6. Evidence in the jurisdiction for foreign civil proceedings

7. Obtaining evidence out of the jurisdiction or for proceedings abroad： criminal cases

9. COMPETENCE AND COMPELLABILITY, OATH AND AFFIRMATION Stephen Whale

1. Competence

2. Compellability

3. Competence and compellability in criminal proceedings of defen- dants and their spouses

4. Oath and affirmation

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Publication of the new 17th Edition of Phipson is an occasion for welcome and congratulation. There are few topics in the law of so wide a reach， of such importance， and yet so demanding of illumination. Phipson is equal to its task. Its breadth is breathtaking. Where else can one find teaching of such quality in relation to the criminal law， the law relating to opinion evidence and to experts and the evidential role and use of statistics?