LAW4323 · Evidence

Overview

This unit involves an examination of the principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials. It draws upon theoretical perspectives including reliability, libertarian and disciplinary principles. Students will examine concepts of the law of evidence in the context of exclusionary rules. Rules and principles governing the proof of facts in civil and criminal trials to be covered include competence and compellability, privilege, examination of witnesses, credibility and character, tendency and coincidence, hearsay and exceptions to the hearsay rule, the right to silence, admissions, illegally obtained evidence and opinion evidence.

Offerings

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Evaluate legal cases and formulate argumentation in written and oral submissions.
2. Communicate clearly and convincingly when undertaking both collaborative and individual activities.
3. Identify, research and evaluate relevant legal, factual and policy issues.
4. Select and apply principles of the law of evidence to generate appropriate responses to complex legal factual scenarios.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.