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Gold Coast Session 1 Session 1
Lismore Session 1 Session 1
Online Session 1 Session 1,  1

Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Pre-requisites

LAW00111 - Legal Process AND (LAW10004 - Australian Criminal Law II OR LAW00507 Criminal Law and Procedure) AND (LAW10003 - Contract Law II OR LAW10180 - Law of Torts)

Unit aim

Introduces the general principles governing the law of evidence and the rules of procedure adopted by the civil courts. Develops understanding of the law by studying and observing the application of the law of evidence in the determination of civil and criminal disputes and the application of the rules of civil procedure in the determination of civil disputes. Critically examines the effectiveness of the law of evidence and the rules of civil procedure in achieving their objective of ensuring fairness in the hearing and determination of civil and criminal disputes.

Unit content

Topic 1: Introduction to the law of evidence and the rules of civil procedure
Topic 2: Adducing evidence - Part I: Evidence from witnesses
Topic 3: Adducing evidence - Part II: Evidence from documents, views and other sources
Topic 4: Admissibility of evidence - Part I: Character, credibility, opinion and identification evidence
Topic 5: Admissibility of evidence - Part II: Hearsay - confessions/admissions/statements against interest - corroboration
Topic 6: Admissibility of evidence - Part III: Facilitation of proof - admissions - presumptions - inferences from lack of evidence - right to silence - tendency - coincidence and similar fact evidence
Topic 7: Admissibility of evidence - Part IV: Judicial discretions to exclude evidence
Topic 8: Admissibility of evidence - Part V: Privilege
Topic 9: Rules of civil procedure - Part I: Introduction - the pleadings
Topic 10: Rules of civil procedure - Part II: Service of process - estoppel - joinder - counter-claims
Topic 11: Rules of civil procedure - Part III: Pre-trial procedure and settlement
Topic 12: Rules of civil procedure - Part IV: Summary disposition: Discovery/disclosure: Gathering evidence: Alternative dispute resolution

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 identify and apply the criteria by which common law and legislation admit or reject evidence
2 explain and evaluate the use to be made of evidence
3 distinguish the different burdens and standards of proof in civil and criminal proceedings
4 demonstrate knowledge of the procedures followed in civil matters
5 extract principles of law from primary legal materials
6 critically analyse primary and secondary legal materials
7 concisely apply abstract legal principles to specific factual circumstances.

On completion of this unit, students should be able to:

  1. identify and apply the criteria by which common law and legislation admit or reject evidence
    • GA1:
    • GA4:
  2. explain and evaluate the use to be made of evidence
    • GA1:
    • GA4:
  3. distinguish the different burdens and standards of proof in civil and criminal proceedings
    • GA1:
    • GA3:
  4. demonstrate knowledge of the procedures followed in civil matters
    • GA1:
    • GA4:
  5. extract principles of law from primary legal materials
    • GA1:
    • GA3:
    • GA4:
  6. critically analyse primary and secondary legal materials
    • GA1:
    • GA3:
    • GA4:
  7. concisely apply abstract legal principles to specific factual circumstances.
    • GA1:
    • GA3:

Prescribed texts

  • Gans, J & Palmer, A, 2014, Uniform Evidence, 2nd edn, Oxford University Press, UK. ISBN: 9780195521054.
Prescribed texts may change in future teaching periods.