How should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? The fact that derivative evidence gives rise to factors distinct from primary evidence makes it deserving of an examination of its peculiarities. In doing so, the assumption may be put aside that derivative evidence falls wholly within the established general discourse of illegally or improperly obtained evidence. Just as the judicial response to primary evidence must be intellectually rigorous, disciplined and principled, so must be the response to derivative evidence. As such, a principled analysis of how Australian courts should approach derivative evidence can significantly contribute to the discourse on the law with respect to the exclusion of illegally or improperly obtained evidence. This thesis provides that principled analysis by arguing that the principles which underpin and inform the discretionary exclusionary frameworks within Australia require an approach which is consistent as between illegally obtained derivative evidence and illegally obtained primary evidence.

The topic of my thesis is evidence in civil proceedings. I chose this topic, because evidence is one of the basic parts of the civil procedure and it has a direct influence on court's decision in the matter. The court decides in the matter on the ground of factual findings, which gets within the evidence procedure. That is why the knowledge of evidence procedure is important for practice. The aim of the thesis is to analyse fundamental issues of evidence in civil proceedings and compare theoretical knowledge with judicature of the courts, especially of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis especially focuses on the issue, how the form of evidence procedure is influenced by principles of civil proceeding. The thesis is composed of seven chapters. Chapter One is Introduction and Chapter Seven is Conclusion. The rest of chapters deals with different aspects of evidence in civil proceedings. Chapter Two deals with basic issues of evidence in civil proceedings. The chapter is subdivided into four parts. Part One defines the basic terms. Part Two describes, which facts are the subject of evidence and which facts are not. Part Three deals with the institutes, which facilitates the evidence in civil proceedings. These institutes are legal...

Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Law, 1983.

The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...

This exploratory study describes the variation in how evidence-based practice is understood in educational psychology. The study is comprised of two phases, which were both designed, analysed and interpreted using qualitative methodology. In phase one, twenty-two semi-structured interviews were conducted with educational psychologists from eight services in England. A phenomenographic approach to analysis was applied, resulting in a conceptual framework, representing the variation in understandings of evidence-based practice of a group of educational psychologists. In phase two, two focus groups were conducted with a subset of participants from phase one to elucidate the influence of evidence-based practice on decision-making in practice. A framework approach to thematic analysis showed that practice decisions of educational psychologists are influenced by evidence-based practice according to contextual factors, training and practice experiences and personal characteristics. This study gives insight as to how educational psychologists experience and account for the role of evidence and evidence-based practice in their practice and informs how evidence-based practice might be conceptualised in educational psychology. The findings suggest that evidence-based practice is grounded on personal, internalised beliefs while being contextualised by the demands of specific circumstances. The findings have implications for providers of educational psychology training in terms of the curriculum for evidence-based practice and associated learning outcomes.

As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...

Evidence-based policy and practice (EBPP) in population health in Australia has been promoted largely without sound research. In response, this thesis presents a series of studies undertaken to assess and inform enhancement of capacity for EBPP in Australia. It comprises linked studies designed to examine different yet complementary aspects of capacity for EBPP. Research was conducted at various levels of Australian health care system, from local to national, in order to better understand EBPP and to make a series of recommendations about effective and synergistic response.

No abstract available. / Thesis (LL.M. )- University of Natal, Durban, 1987.

Evidence-based policy and practice (EBPP) in population health in Australia has been promoted largely without sound research. In response, this thesis presents a series of studies undertaken to assess and inform enhancement of capacity for EBPP in Australia. It comprises linked studies designed to examine different yet complementary aspects of capacity for EBPP. Research was conducted at various levels of Australian health care system, from local to national, in order to better understand EBPP and to make a series of recommendations about effective and synergistic response.

Universiẗat, Diss., 2006--Köln.