Walker and Walker: the Law of Evidence in Scotland (Bloomsbury Professional) contains a detailed examination of the law of evidence in both civil and criminal contexts. It emphasises the issues that affect all who work with the law of evidence, whether in court, chamber practice or legal education. Due attention is given to changes in the context of legal proceedings, to changes in the nature of the evidence available to parties, and to the direct impact of the European Convention on Human Rights.
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CHAPTER 3 PROOF – PRESUMPTIONS
3.5 PRESUMPTIONS AS TO PHYSICAL AND MENTAL POWERS OF A HUMAN BEING
3.7 PRESUMPTIONS SUPPORTING INNOCENCE, MORALITY AND PROPRIETY
3.8 PRESUMPTIONS SUPPORTING CONTINUANCE OF EXISTING CONDITIONS
3.9 PRESUMPTIONS FROM POSSESSION OR DESTRUCTION OF DOCUMENTS
3.10 PRESUMPTIONS FROM POSSESSION OF HERITABLE AND MOVEABLE PROPERTY
CHAPTER 4 STANDARD OF PROOF – DIFFERENCES BETWEEN AVERMENT AND PROOF
CHAPTER 5 SUFFICIENCY OF EVIDENCE
CHAPTER 6 CIRCUMSTANTIAL EVIDENCE – EXAMPLES OF ITS NATURE AND EFFECT
CHAPTER 7 RELEVANCY OF EVIDENCE – CHARACTER AND COLLATERAL ISSUES
CHAPTER 9 ADMISSIBILITY OF EVIDENCE OF EXTRA-JUDICIAL ADMISSIONS AND CONFESSIONS
9.2 PROOF AND PROBATIVE EFFECT OF EXTRA-JUDICIAL ADMISSIONS AND CONFESSIONS
9.5 ADMISSIONS AND CONFESSIONS MADE WHILE A WITNESS IN ANOTHER CAUSE
9.17 UNFAIRNESS – STATEMENTS TO POLICE – BEFORE SUSPICION FOCUSED ON ACCUSED
9.18 UNFAIRNESS – STATEMENTS TO POLICE – AFTER SUSPICION FOCUSED ON ACCUSED
9.19 UNFAIRNESS – STATEMENTS TO POLICE – CHARGE AND THEREAFTER
CHAPTER 12 ORAL EVIDENCE – GENERAL
CHAPTER 13 ORAL EVIDENCE – SPECIALTIES OF WITNESSES
13.4 VULNERABLE WITNESSES – SPECIAL MEASURES IN CRIMINAL CASES
13.7 SPOUSE OR CIVIL PARTNER OF ACCUSED – WITNESS FOR DEFENCE
13.8 SPOUSE OR CIVIL PARTNER OF ACCUSED – WITNESS FOR PROSECUTION
13.10 CONFIDENTIAL COMMUNICATIONS BETWEEN SPOUSES OR CIVIL PARTNERS
13.13 ACCUSED WITNESS – EVIDENCE OF ANOTHER OFFENCE OR OF BAD CHARACTER – GENERAL
13.14 ACCUSED WITNESS – EVIDENCE OF ANOTHER OFFENCE OR OF BAD CHARACTER – EXCEPTIONS
CHAPTER 17 ACCESS TO WITNESSES AND SECURING THEIR ATTENDANCE
CHAPTER 20 PROOF OF TERMS OF DOCUMENTS NOT PRODUCED
CHAPTER 22 REQUIREMENTS OF WRITING FOR SELF-PROVING OR PROBATIVE DEEDS
CHAPTER 23 MATTERS THAT REQUIRED WRITING FOR THEIR CONSTITUTION AND PROOF BEFORE 1 AUGUST 1995
CHAPTER 26 EVIDENCE EXTRINSIC TO WRITINGS
26.9 CONVEYANCES OF HERITAGE – RELATIONSHIP BETWEEN PRIOR COMMUNINGS AND FORMAL CONVEYANCES
26.11 DEFECTIVE AUTHENTICATION, FRAUD, ESSENTIAL ERROR OR ILLEGALITY
26.14 INTERACTION OF PRINCIPAL AND AGENT, CO-OBLIGANTS AND CO-CREDITORS INTER SE
26.21 AMBIGUITY – CIRCUMSTANCES SURROUNDING EXECUTION OF WRITING
26.24 AMBIGUITY – IDENTIFICATION OF SUBJECT OR PERSON OR NATURE OF OBLIGATION OR RIGHT
26.27 EXTRINSIC EVIDENCE IN PROOF OF VARIATION AT COMMON LAW
26.28 VARIATION – ADMISSION OF EXTRINSIC EVIDENCE UNDER STATUTE
CHAPTER 28 PROOF IN PROCEEDINGS CONCERNING CHILDREN – PUBLIC LAW