LAW5012 · Principles of evidence

Overview

This unit involves a critical 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 key 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. Critically evaluate legal cases and formulate argumentation in written and oral submissions.
2. Communicate effectively and persuasively when undertaking both collaborative and individual activities.
3. Identify, research, synthesise and evaluate relevant legal, factual and policy issues.
4. Select, analyse, interpret and apply principles of the law of evidence to generate appropriate responses to complex legal factual scenarios.

Workload

Students enrolled in this unit will be provided with 36 contact hours of workshops per teaching period. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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