LAW4323 - Evidence - 2017

This unit involves a critical examination of the general 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, as well as discussion of law reform. 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.

At the successful completion of this unit, students will be able to:

1. Critically evaluate the purpose and scope of evidentiary principles in ensuring the conduct of fair trials in the civil and criminal justice systems, drawing upon broader theoretical and comparative perspectives;
2. Engage in critical analysis and use professional judgement to make reasoned and appropriate choices among alternative interpretations, arguments and actions;
3. Research, interpret and apply evidentiary principles to generate appropriate responses to problem scenarios and legal issues in trial practice;
4. Recognise the professional responsibilities of lawyers to promote justice and reflect upon ethical issues arising in trial practice;
5. Collaborate and communicate effectively and persuasively in professional formats appropriate to trial practice;
6. Learn and work with a high degree of autonomy, accountability and professionalism; and
7. Reflect on and assess their own capabilities and performance, and make use of feedback to support personal and professional development.

For students who commenced their LLB (Hons) course in 2015 or later:

1. Tutorial attendance and participation: 10%
2. Written submission: 20%
3. Oral presentation based on written submission: 10%
4. Final two hour exam (plus 30 mins reading and noting time): 60%

   For students who commenced their LLB course prior to 2015:

5. Tutorial attendance and participation: 10%
6. Class test: 30%
7. Final two hour exam (plus 30 mins reading and noting time): 60%

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.

See also Unit timetable information

Semester 1 : Dr Fiona Hum

Semester 2 : Professor Jonathan Clough

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302