ABSTRACT

There are three golden rules which, if followed faithfully, will ensure that you understand this part of evidence law. The first rule is that you should leave your books and go into a court. The second is that, once you are there, you should watch and listen carefully. The third rule is that you should repeat this process frequently. When you have got use to doing this, the rather dry topics dealt with in chapters like this will make much more sense and will consequently be remembered more readily. Watching films of American trials, whether fictional or otherwise, is not a substitute for going into court yourself. American and English procedures and terminology differ and it is indiscreet to confuse the two. Do not copy the mistakes of journalists who use expressions such as ‘take the stand’ instead of ‘go into the witness-box’. It doesn’t matter to them, but it will matter to you one day if you follow their example and are made to look foolish in court when you are appearing for a client.