Cross on Evidence

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Cross on Evidence
Cross on Evidence.jpg
Author J D Heydon
Country Australia
Language English
Subject Evidence (law)
Genre Textbook
Publisher LexisNexis
ISBN 9780409339574

Cross on Evidence is an authoritative textbook on the law of evidence in Australia.

Textbook educational book

A textbook is a comprehensive compilation of content in a branch of study. Textbooks are produced to meet the needs of educators, usually at educational institutions. Schoolbooks are textbooks and other books used in schools. Today, many textbooks are published in both print format and digital formats.

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.

The law of Australia comprises many levels of codified and uncodified forms of law. These include the Australian Constitution, legislation enacted by the Federal Parliament and the parliaments of the States and territories of Australia, regulations promulgated by the Executive, and the common law of Australia arising from the decisions of judges.

Contents

History

The title refers to Sir Rupert Cross, who originally wrote the textbook in the United Kingdom in 1958. A number of editions were published including versions adapted to the law of Australia and New Zealand. The following editions are held in the National Library of Australia. [1]

National Library of Australia national reference library in Canberra, Australia

The National Library of Australia (NLA) is the largest reference library in Australia, responsible under the terms of the National Library Act for "maintaining and developing a national collection of library material, including a comprehensive collection of library material relating to Australia and the Australian people." In 2012–13, the National Library collection comprised 6,496,772 items, and an additional 15,506 metres (50,873 ft) of manuscript material. It is located in Parkes, Canberra, ACT.

YearTitleEditionJurisdictionEditor
1958Evidence1stUK Sir Rupert Cross
1963Evidence, by Rupert Cross1stNZ D L Mathieson
1967Evidence, by Rupert Cross3rdUK Sir Rupert Cross
1970Cross on evidence1stAustralia J A Gobbo, D M Byrne
1971Evidence, by Rupert Cross2ndNZ D L Mathieson
1974Evidence4thUK Sir Rupert Cross
1979Cross on evidence2ndAustralia J A Gobbo, D M Byrne, J D Heydon
1980Cross on evidence2nd supp.Australia J A Gobbo, D M Byrne, J D Heydon
1984Cross on evidence2nd cum. supp.Australia J A Gobbo, D M Byrne, J D Heydon
1985Cross on evidence6thUK Colin Tapper
1986Cross on evidence3rdAustralia D M Byrne, J D Heydon
1991Cross on evidence4thAustralia D M Byrne, J D Heydon
1996Cross on evidence5thAustralia J D Heydon
2000Cross on evidence6thAustralia J D Heydon
2004Cross on evidence7thAustralia J D Heydon
2010Cross on evidence8thAustralia J D Heydon
2011Cross on evidence9thAustralia J D Heydon
2014Cross on evidence10thAustralia J D Heydon

See also

The criminal law of Australia is the body of law made, recognised and applied in Australia that relates to crime. Most criminal law is made and administered by the individual states and territories of Australia. However, a body of criminal law is also made and administered by the federal government. Criminal law may be differentiated from civil law, which in Australia relates to non-criminal law including civil wrongs, contract law, much of property law and other areas that concern the rights and duties of individuals amongst themselves.

English criminal law

English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act and a guilty mental state. The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and corporations, create strict liability that can be proven simply by the guilty act.

Related Research Articles

Crime unlawful act forbidden and punishable by criminal law

In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term "crime" does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society or the state. Such acts are forbidden and punishable by law.

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. In some jurisdictions, contrary to popular misconception, no crime has occurred when a false statement is made while under oath or subject to penalty. Instead, criminal culpability attaches only at the instant the declarant falsely asserts the truth of statements that are material to the outcome of the proceeding. For example, it is not perjury to lie about one's age except if age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity.

United States Code official compilation and codification of the United States federal laws

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Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits. These rules govern how a lawsuit or case may be commenced; what kind of service of process is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; various available remedies; and how the courts and clerks must function.

Sir Alfred Rupert Neale Cross was a prominent English lawyer and academic. He was the second of two sons of Arthur George Cross, an architect in Hastings, and Mary Elizabeth.

Hearsay evidence is "an out-of-court statement offered to prove the truth of the matter asserted therein." In certain courts, hearsay evidence is inadmissible unless an exception to the Hearsay Rule applies.

Glanville Llewelyn Williams was a Welsh legal scholar who was the Rouse Ball Professor of English Law at the University of Cambridge from 1968 to 1978 and the Quain Professor of Jurisprudence at University College, London, from 1945 to 1955. He has been described as Britain's foremost scholar of criminal law.

A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behavior. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.

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Franz von Liszt German jurist, criminologist and international law reformer

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Sir Alexander Kingcome Turner was an Auckland-born New Zealand lawyer and judge.

Open Book Publishers (OBP) is an open access academic book publisher based in the United Kingdom. It is a non-profit social enterprise and community interest company (CIC) that promotes open access for full academic monographs, critical editions and textbooks in the Humanities, Social Sciences, Mathematics and Science. All OBP books are peer-reviewed.

A Treatise on Crimes and Misdemeanours or Russell on Crime is a book originally written by William Oldnall Russell. For the purpose of citation, its name may be abbreviated to Russ Cr.

The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such administration is to provide justice for all those accessing the legal system. The phrase is also used commonly to describe a University degree, which can be a prerequisite for a job in law enforcement or government.

Card, Cross and Jones: Criminal Law, formerly published as An Introduction to Criminal Law and as Cross and Jones' Introduction to Criminal Law, and referred to as Cross and Jones, is a book about the criminal law of England and Wales, originally written by Sir Rupert Cross and Philip Asterley Jones, and then edited by them and Richard Card. It was published by Butterworths and is now published by Oxford University Press.

Civil law is a branch of the law. In common law legal systems such as England and Wales, the law of Pakistan and the law of the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property. Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.

Sir Stephen George Mitchell QC, styled The Hon. Mr Justice Mitchell, is a former judge of the High Court of England and Wales assigned to the Queen's Bench Division.

References

  1. NLA Catalogue (search: title:"cross on evidence" OR (author:rupert AND author:cross) AND (title:evidence AND -title:outline)).