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Expert Evidence: Law, Practice, Procedure and Advocacy, 7th Edition

Expert Evidence: Law, Practice, Procedure and Advocacy, 7th Edition

  • 作者:
  • 出版商: Lawbook Co.
  • ISBN: 9780455502908
  • 出版时间 December 2023
  • 规格: Paperback , 1432 pages
  • 适应领域: Australia, New Zealand ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,692.60
发货时间:大约 3 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    "Its value to practitioners hardly requires elaboration ... Many a barrister faced with the daunting task of cross-examining an expert ... has turned to Freckelton’s text in his or her hour of need and found invaluable assistance... (This) work is commendably ambitious. It is difficult to think of a field of forensic expert evidence which is not discussed." - The Hon Justice Christopher Beale, Supreme Court of Victoria, (2020) 44 Crim LJ 196

    The Seventh Edition of Expert Evidence is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited for over two decades by superior courts in Australia, New Zealand and other countries and is the leading international work on its subject.

    Expert Evidence analyses the common law and statutory criteria for expert evidence admissibility, providing advocacy guidance on how best to assist expert witnesses in courts and to hold them accountable in cross-examination. It discusses the optimal ways for managing concurrent evidence and expert conclaves prior to court hearings. It reviews decisions in relation to the disciplinary and civil liability of expert witnesses, and the potential for wasted costs orders to be made against experts, as well as the lawyers who commission them. It analyses the role of assessors, referees and court-appointed experts, as well as the forensic consequences of courts’ codes of conduct for experts, including when breaches of such codes may have adverse consequences. It also reviews trends in appellate case law in relation to trial judges’ decisions to admit and decline to admit expert opinions.

    Expert Evidence also deals with specialist knowledge where admissibility and reliability issues have been encountered, including in relation to novel medical and scientific evidence, and counter-intuitive opinions from mental health professionals. It examines expert evidence on accounting, engineering, statistical, anthropological, survey, and planning evidence, and foreign law matters. 

    The Seventh Edition has been further refined to increase accessibility to legal practitioners and experts from a range of disciplines, and to widen its scope. Its international focus is significantly enhanced with legal authorities from across the common law world being referred to and critiqued, reflecting increasing signs of the adoption of internationally consistent approaches to expert evidence.

    Key new developments in the Seventh Edition include:

    • Substantially revised chapters on expert reports and on concurrent evidence;
    • A new chapter on international disputes and litigation dealing with both civil matters and important aspects of expert evidence given in international criminal law proceedings;
    • Analysis of numerous important criminal law decisions, including a sequence of judgments in the United Kingdom and Australia regarding novel areas of scientific evidence such as gait analysis and shoeprint evidence;
    • New case law from the High Court of Australia, and State Supreme Courts, the Canadian Supreme Court and the New Zealand Supreme Court and Court of Appeal, impacting upon the admissibility of diverse areas of expert evidence;
    • Substantially revised chapters on DNA testing, statistical and probability evidence, evidence by psychiatrists and psychologists, especially in relation to diagnosis, PTSD evidence, critical incident stress intervention evidence, and memory evidence; and
    • Significantly updated chapters on nursing evidence and medical evidence, including relevant case law on shaken baby/abusive head trauma evidence.
  • PART 1  - INTRODUCTION

    Chapter 1.0        Introduction

    PART 2  - COMMON LAW EVIDENTIARY RULES

    Chapter 2.0        Common law exclusionary rules

    Chapter 2.05      The expertise rule

    Chapter 2.10      The area of expertise rule

    Chapter 2.15      The common knowledge rule

    Chapter 2.20      The basis rule

    Chapter 2.25      The ultimate issue rule

    Chapter 2.30      Judicial notice

    Chapter 2.35      Discretionary exclusion of expert evidence

    PART 3  - STATUTORY EVIDENTIARY RULES

    Chapter 3.0        Statutory law in Australia

    Chapter 3.05      Statutory law in New Zealand

    Chapter 3.10      Statutory law in the United States

    Chapter 3.15      Law reform proposals

    PART 4  - APPEALS

    Chapter 4.0        Appeals in relation to expert evidence

    PART 5  - PROCEDURE

    Chapter 5.0        Forensic reports

    Chapter 5.05      Court rules and ethical obligations

    Chapter 5.10      Costs and client legal privilege

    Chapter 5.15      Wasted costs orders (new)

    Chapter 5.20      Remuneration of experts

    PART 6  - EXPERT WITNESSES AND DECISION MAKING

    Chapter 6.0        Court-appointed experts

    Chapter 6.05      Assessors

    Chapter 6.10      Referees

    Chapter 6.15      Conclaves (new)

    Chapter 6.20      Concurrent expert evidence

    Chapter 6.25      Consecutive expert evidence (new)

    PART 7  - EXPERT EVIDENCE IN COURT

    Chapter 7.0        Preparation and examination of the expert witness

    Chapter 7.05      Cross-examination of the expert witness

    Chapter 7.10      Sentencing evidence by the expert witness 

    PART 8  - LIABILITY OF EXPERTS

    Chapter 8.0        Criminal and civil liability of expert witnesses and report writers

    Chapter 8.05      Regulatory liability of expert witnesses and report writers

    PART 9  - MEDICAL, DENTAL AND NURSING EVIDENCE

    Chapter 9.0        Medical evidence

    Chapter 9.05      Dental evidence

    Chapter 9.10      Nursing evidence

    PART 10 - MENTAL HEALTH EVIDENCE

    Chapter 10.0      Psychiatrists' and psychologists' evidence

    Chapter 10.05    Fitness for interview evidence

    Chapter 10.10    Fitness to stand trial evidence

    Chapter 10.15    Identification evidence

    Chapter 10.20    Memory evidence

    Chapter 10.25    Mental state evidence

    Chapter 10.30    Syndrome evidence

    Chapter 10.35    Profiling evidence

    Chapter 10.40    Prediction of risk evidence

    Chapter 10.45    Post-traumatic stress disorder evidence

    Chapter 10.50    Critical incident stress intervention evidence

    PART 11 - SOCIAL SCIENTISTS' EVIDENCE

    Chapter 11.0       Survey evidence

    Chapter 11.05    Historians’ evidence

    Chapter 11.10    Anthropologists' evidence

    Chapter 11.15    Cultural experts' evidence

    Chapter 11.20    Linguists' evidence

    PART 12 - SCIENTISTS' EVIDENCE

    Chapter 12.0      Scientific evidence

    Chapter 12.05    Novel scientific evidence

    Chapter 12.10    Fingerprinting, footprint and footwear evidence

    Chapter 12.15    Document analysis evidence

    Chapter 12.20    DNA evidence

    Chapter 12.25    Statistical and probability evidence 

    PART 13 - POLICE EVIDENCE

    Chapter 13.0      Police evidence

    Chapter 13.05    Tracker and sniffer dog evidence

    PART 14 - ACCIDENT RECONSTRUCTION EVIDENCE

    Chapter 14.0      Accident reconstruction evidence

    PART 15 - FOREIGN LAW EVIDENCE

    Chapter 15.0      Foreign law evidence 

    PART 16 - FINANCIAL EVIDENCE

    Chapter 16.0      Valuation evidence

    Chapter 16.05    Financial evidence

    PART 17 - CONSTRUCTION EVIDENCE

    Chapter 17.0      Engineers’ evidence (new)

    Chapter 17.05    Architects’ evidence (new)

    Chapter 17.10    Quantity surveyors’ evidence

    Chapter 17.15    Planning evidence

    PART 18 - INTELLECTUAL PROPERTY EVIDENCE

    Chapter 18.0      Patent evidence

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