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Evidence

Select one of the topics below to begin your study with our Evodemce materials.

Evidence Law Simplified: Master the Basics

Burden of Proof and Standard of Proof in Evidence Law
The burden of proof and the standard of proof are foundational concepts in evidence law, shaping how facts are established in legal proceedings. Whether you're a law student, a PCLL candidate, or a legal professional, understanding these principles i...
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Common Mistakes Students Make in Evidence Law Exams (and How to Avoid Them)
This blog post highlights common mistakes students make in evidence law exams and offers actionable strategies to avoid them. It discusses errors like misunderstanding questions, neglecting IRAC structure, overlooking case law, and mismanaging time. ...
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How to Structure an Evidence Law Problem Question Answer Exam: Tips for PCLL Students
This blog post provides practical tips on structuring answers for evidence law problem questions in PCLL exams. It emphasizes the importance of the IRAC method (Issue, Rule, Application, Conclusion), highlights key cases like HKSAR v Oei Hengky Wiryo...
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What is Hearsay Evidence? A Clear Definition
Hearsay evidence is one of the most challenging yet essential concepts in evidence law. Whether you're a law student or preparing for the PCLL, understanding the hearsay evidence definition, its exceptions, and practical examples is key to mastering ...
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Introduction to Evidence Law: What Every PCLL Student Needs to Know
Evidence law is the backbone of the judicial process, shaping how facts are proven and cases are decided. For PCLL students, mastering this subject is essential—not just for exams, but for a successful legal career. In this guide, we’ll break down th...
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Top 10 Cases Every PCLL Student Must Know for Evidence Law
Mastering key cases is the cornerstone of excelling in Evidence Law, especially for PCLL students. From the exclusionary rule in Mapp v. Ohio to the nuances of hearsay evidence in R v. Keane, understanding these landmark judgments is crucial for both...
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Key topics of Evidence

1. Introduction

  • Principal items and classification of evidence
  • Relevance
  • Admissibility
  • Best evidence rule
  • Probativeness and prejudice
  • Judicial discretion to exclude

2. Burden and standard of Proof

  • Legal burdens
  • Evidential burden
  • Criminal standard of proof
  • Civil standard of proof

3. Proof without evidence

  • Presumptions
  • Judicial notice
  • Formal admissions 

4. Division of functions between judge and jury

  • Questions of law and fact
  • The voir dire and challenges to admissibility
  • Sufficiency of evidence

5. Witnesses (1) – Competence and compellability

  • Accused and co-accused
  • Spouse
  • Children
  • Miscellaneous cases (diplomats, persons of unsound mind etc) 

6. Witnesses (2) – Character

  • Relevance
  • Good character
  • Bad character

7. Witnesses (3) – General

  • Examination in chief
  • Cross examination
  • Corroboration
  • Protection of vulnerable witnesses
  • Warnings for special witnesses in criminal cases

8. Course of evidence

  • Rule against prior consistent statements
  • Refreshing memory
  • Hostile witnesses
  • Prior inconsistent statements
  • Collateral questions
  • Evidence in rebuttal 

9. Opinion Evidence

  • Non-expert opinion evidence
  • Expert opinion evidence
  • Ultimate issues

10. The Rule Against Hearsay

  • Development of the rule and rationale
  • General principles
  • Exceptions 

11. Admissions and confession

  • Definitions
  • Oppression
  • Voluntariness
  • Unreliability
  • Implication of co-accused
  • Derivative evidence
  • Mixed statement rule

12. Evidence unfairly or illegally obtained

  • The common law
  • Statute
  • Human rights
  • Judicial discretion as to

13. Privilege

  • General principles
  • Legal professional privilege
  • Privilege against self-incrimination
  • Marital privilege

14. Identification Evidence

  • The General Rule
  • Proof of Identity of the Accused
  • Visual Identification
  • Weight of Evidence of Visual Identification 

15. Similar Fact Evidence

  • The General Rule
  • Similar Facts to Rebut Defence
  • Instances where Similar Fact Evidence is Admissible
  • Similar Fact and Corroboration
  • Evidence of Fact connected with the Offence

Note: The key points and topics listed above for this subject are based on the PECA website, which is the official website of the PCLL Conversion Examination Board.