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PREPARING EVIDENCE FOR COURT

PREPARING EVIDENCE FOR COURT. Carole Ferguson Partner Barrister (Lincoln’s Inn ). Preparing Evidence for Court. [disclaimer ]. The Court System In Scotland. Dependent of c ase type Different rules of evidence England & Wales system differs Terminology. Court System - Civil.

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PREPARING EVIDENCE FOR COURT

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  1. PREPARING EVIDENCE FOR COURT Carole Ferguson Partner Barrister (Lincoln’s Inn)

  2. Preparing Evidence for Court • [disclaimer]

  3. The Court System In Scotland • Dependent of case type • Different rules of evidence • England & Wales system differs • Terminology

  4. Court System - Civil

  5. Court System - Criminal

  6. Court Layout

  7. Burden of Proof • Civil • Balance of Probabilities Criminal Beyond Reasonable Doubt Note: HSE and s.40/ R v. Chargot 2008 HL

  8. Preparing Evidence

  9. Witnesses • Statements, Precognitions, and live evidence; • What information to gather; • Admissibility of statements; and • Refreshing memory. • What to do once you have the statements…

  10. Witnesses

  11. Productions • Productions: • Documents, • Business Records, • Photographs, • Sketches • 3. How to Present Productions • 2. Labelled Productions: • Real evidence, • Preservation and examination

  12. Rules of Evidence

  13. Disclosure

  14. Witnesses At Court

  15. Oaths/ Affirmations • “I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.” • “I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.”

  16. How to Give Evidence

  17. Judges/ Juries

  18. Nervousness

  19. Honesty

  20. Lies

  21. Impartiality

  22. Finally… • Lawyers mess up too • Free - Hints and Tips Document • email: carole@fergusonlegal.co.uk

  23. Questions ?? Carole Ferguson E: carole@fergusonlegal.co.uk T: 07917 848453 Follow us at Linked In www.linkedin.com/company/ferguson-legal Like Us on Facebook www.facebook.com/FergusonLegal Check us out on our webpage www.fergusonlegal.co.uk

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