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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 LAW10002 - Australian Criminal Law I

Anti-requisites

LAW00114 - Evidence and Civil Procedure

Unit aim

Introduces  and examines the general principles of the rules of evidence and  the  application of those rules  in the determination of civil and criminal  disputes.  Considers the sources and acceptability of evidence, the burden and standards of proof, and the rules concerning hearsay admissions and confessions, illegally obtained evidence  and res gestae. Critically examines  the effectiveness of  these principles in  achieving their objectives in the legal system.

Unit content

Topic 1                 Introduction to the Law of Evidence: relevance as a threshold

Topic 2                 Testimonial evidence from witnesses

Topic 3                 Real evidence from Documents, views and sources

Topic 4                 Character and credibility evidence

Topic 5                 Identification, expert and other opinion evidence

Topic 6                 Tendency/propensity evidence

Topic 7                 Coincidence and Similar Fact evidence

Topic 8                 Hearsay

Topic 9                 Confessions/admissions/statements against interest, corroboration and the right to silence

Topic 10               Judicial discretion to exclude evidence

Topic 11               Privileges

Topic 12               Facilitation of Proof, Presumptions and inferences

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 demonstrate an understanding of the criteria by which common law and legislation in Australian jurisdictions admit or reject evidence
2 explain and evaluate the use to be made of evidence in civil and criminal proceedings
3 distinguish and evaluate the different burdens of proof which apply to civil and criminal proceedings
4 apply applicable legal principles to specific factual circumstances and synthesise responses which are appropriate in a legal professional environment and which demonstrate detailed knowledge and understanding of the issues

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

  1. demonstrate an understanding of the criteria by which common law and legislation in Australian jurisdictions admit or reject evidence
    • GA1:
    • GA4:
  2. explain and evaluate the use to be made of evidence in civil and criminal proceedings
    • GA1:
    • GA4:
  3. distinguish and evaluate the different burdens of proof which apply to civil and criminal proceedings
    • GA4:
  4. apply applicable legal principles to specific factual circumstances and synthesise responses which are appropriate in a legal professional environment and which demonstrate detailed knowledge and understanding of the issues
    • GA4:
    • GA6: