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Unit Summary
Unit type
UG Coursework Unit
Credit points
12
AQF level
Level of learning
Advanced
Former School/College
Pre-requisites
Must have completed LAW00111 - Legal Process AND LAW00051 - Legal Research and Writing
Anti-requisites
LAW00114 - Evidence and Civil Procedure AND this unit is not available for students admitted to 2206351 - Associate Degree in Law (Paralegal Studies) OR 3006110 - Bachelor of Legal and Justice Studies
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: the threshold of relevance
Topic 2: Burden and standard of proof; presumptions and inferences
Topic 3: Testimonial evidence from witnesses: competence and compellability
Topic 4: The hearsay rule, its rationale and its boundaries
Topic 5: Exceptions to the hearsay rule
Topic 6: Identification, expert opinions and other opinion evidence
Topic 7: Similar fact (tendency, propensity and coincidence) evidence; character evidence; sexual history of rape victims
Topic 8: Confessions/ admissions/ statements against interest
Topic 9: Discretions and broad duties to exclude evidence; judicial warnings; corroboration
Topic 10: Privileges
Topic 11: Examination of witnesses; credibility evidence; vulnerable witnesses; the right to silence
Topic 12: Documents; real evidence
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.
| 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:
-
demonstrate an understanding of the criteria by which common law and legislation in Australian jurisdictions admit or reject evidence
- GA1:
- GA4:
-
explain and evaluate the use to be made of evidence in civil and criminal proceedings
- GA1:
- GA4:
-
distinguish and evaluate the different burdens of proof which apply to civil and criminal proceedings
- GA4:
-
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:
Prescribed texts
- (Note: e-copies of textbooks cannot be taken into the examination room with you. Even in open-book exams, only materials written or printed on paper are permitted - electronic devices are not): Hemming, A, Kumar, M & Peden, E, 2013, Evidence: Commentary & Materials ("HK&P"), 8th edn, Thomson Reuters Australia, Australia. ISBN: 9780455230733 .