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BSBLEG524: Apply principles of evidence law in matters under litigation Assessment Answer

Course: TAFE

Assessment: Practical

The assessment describes how to identify, review and analyze key issues in evidence law for matters under litigation. This includes understanding relevant case precedents along with an overview of your state’s specific rules on expert witness testimony or other forms that may apply locally- all while being mindful not only of what is legal but also ethical so as not to create any bias during proceedings.

In today’s world, any company or individual can face litigation. It is important to understand how evidence law works and what you need to do in the event that your business faces a legal problem.

The main concepts that should be considered in evidence law are admissibility, relevance, and weight. Evidence is only admissible if it meets the general rules of relevancy and materiality to prove or disprove an issue during trial.

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There are describing assessment tasks. These are:

Assessment Answers 1: Prepare to apply evidence law

Evidence law is a difficult topic to understand and even more difficult to apply. I will be going over some of the evidence rules that you need to know as well as how those rules should affect your case.

The main idea that you will need to keep in mind when approaching evidence law is that the rules are meant to find the truth. They do this by allowing all relevant facts into court while restricting other less useful or potentially prejudicial facts.

1. Access sources of legal information on the nature and meaning of evidence law

Evidence law is the legal system or rules of evidence by which arguments and facts are validated in a court.

The exclusionary rule and Miranda Warning protect people’s rights against questionable hearsay and admissions made without their knowledge or consent. The Federal Rules of Evidence were approved by the Supreme Court in 1975 as they were considered more up-to-date than state rules, although state courts may still hold that there is no silver bullet to determine what standard should be applied for admissibility to each case.

No matter what your objection to an exclusionary rule, it has nothing to do with justifying pleading personal secrets having merit under the law. It doesn’t seem anyone writing this question has any idea what “pleading personal secrets” mean.

The rule is intended to protect people’s rights against objectionable questions, yet it allows the government to use illegally obtained evidence if it feels like it. To qualify as an expert witness, you should be able to demonstrate your qualifications and experience in the industry or field of study for which you are testifying.

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2. Distinguish between case law and legislation related to evidence

Case law is how judges interpret the constitution, statutes, and other laws. Legislation on evidence is coming from politicians, not judges.

case law is the law as declared by judges. Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States. There are a few notable exceptions to this rule that are case law jurisdictions. These include negligence, torts, fiduciary duties, and other equitable rights and contracts.

3. Assess the significance of evidence law in various contexts in a legal environment

Evidence law is primarily important in the courtroom. But there are many other contexts where it plays a role. Evidence law plays different roles in discovery, which is an investigation that’s carried out before the trial begins to collect evidence for use at trial; impeachment of witnesses; and determining admissibility of evidence, primarily evidentiary rules like hearsay. There are also procedural issues like how jurors should be instructed about their perceptions of witness credibility and validity of scientific evidence to help prevent unfair prejudices from influencing their decision-making process or testimony at trial. Furthermore, there are also regulatory concerns, for example with experts who testify as to whether medical devices work as marketed etcetera.

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Assessment Task 2: Employ principles of evidence law

Evidence law is the body of law that governs how evidence will be gathered and presented in court. It affects what can be considered admissible evidence under the various rules of evidence, which are established by state laws. The two most important principles in this field are relevance and reliability, so it’s important to understand these concepts before tackling other aspects of court proceedings. Relevance is the quality of being applicable to a point in question. Evidence will be relevant if it pertains to an issue of fact at trial. If evidence isn’t related to any aspect of the case, it’s considered irrelevant and won’t be allowed during arguments or testimony.

1. Apply principles of evidence to relevant legal matters arising in the workplace

The law is clear on the requirements of evidence during the course of litigation. This includes data obtained through electronic records, which are rules to ensure that reliability and integrity are maintained.

Evidence must be credible, reliable, authentic, complete, comprehensive, and specific according to established standards before it can be admitted in court. Evidence can also reach these standards with additional safeguards at legal proceedings including testimony by a qualified expert witness who will attest that the evidence remains reliable after testifying on an adequate basis about its quality, limit of scientific knowledge, or scientific method applied to produce it.

Accordingly, any procedure for authenticating electronically-produced records should include an oath/affirmation by a responsible official representative from both parties present at this examination process for attesting to the trustworthiness of these records.

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2. Analyze and evaluate key issues

Evidence law is a crucial area of Australian law that governs how other types of evidence can be treated or disregarded by the courts.

Evidence law tells us- firstly, what types of evidence are admissible through an “admissibility test.” The admissibility test asks the court to determine whether the evidence will have high probative value or serve as material information relating to points in issue in the proceedings. Secondly, it tells us how to treat various types of evidence depending on their weight. For instance, hearsay is allowed if its truth would have probative value and outweigh any danger perils involved (or substantially exceed every other inference). If not, then hearsay must be rejected and we must rely on original sources instead.

3. Review analysis with a designated person

Evidence law governs how parties can introduce evidence during the trial, and the court is entitled to exclude relevant evidence if it is unfairly prejudicial or likely to confuse the jury. This means that judges have wide discretion in deciding which evidence can be admitted at trial and whether the probative value of the evidence outweighs its prejudicial effect.

A company’s electronic records may not always meet evidential requirements, so verifying these records will require a proper authentication process to ensure reliability in court proceedings. This will involve a qualified representative from both sides being present at this verification process in order to attest to the integrity of these records by oath/affirmation.

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Assignment Task 3: Finalize application of principles of evidence law

The first and most important step in the process of evidence law is to become aware of the basic principles. Evidence law can be applied to all manner of cases, but it has its roots in court proceedings where a judge will decide what evidence should be allowed into their courtroom. The idea is that evidence laws protect both parties by ensuring that only relevant information enters the case which could help either side win their argument or claim. For example, if there is no way for a witness’s testimony about an event they observed to affect any aspect of my trial then they are not allowed to testify because it does not serve as part-and-parcel with my case. This ensures that I am able to receive a fair trial without irrelevant information being presented or affecting the outcome of my trial. Evidence law is also important outside of the courtroom because it can affect situations where things like television shows are being discussed, insurance claims (for example about what happened in an accident), or even when something happened to somebody who isn’t present.

1. Distinguish relevant and admissible evidence in the context of a legal matter

Essentially, there is a difference between “relevance” and “admissibility”. Relevant evidence means it’s somehow related to the case at hand. Usually, but not all, relevant evidence is admissible as well.

Evidence that’s irrelevant or inadmissible includes information about somebody who wasn’t involved in the case but knows something pertinent. If somebody was convicted for shoplifting and their son had been convicted of shoplifting as well already and this evidence was presented without relevance to the present trial, that would be an example of irrelevant or inadmissible information because it does not affect the outcome of the original trial.

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2. Identify consequence of evidence not being relevant and/or admissible

If the evidence is irrelevant to the litigation, or if it violates one of the restrictions set forth by governing law or criminal procedure, then it will not be admitted as evidence. If a piece of evidence cannot be admitted because it does not meet these criteria, one could potentially file a motion that would seek to have that particular piece of evidence admitted as a means of resolving conflict between parties about said evidence. However, if there was no objection from opposing counsel and each side waived their right to object before admitting record for use at trial, then objections made during the trial are appropriate only when admissible objections were made prior to trial.

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