Unit Outline

This course imparts a basic knowledge of the doctrine, principles and rules relating to the law of evidence in both criminal and civil proceedings. It focuses primarily upon fostering students ability to identify, explain, apply and critique relevant rules of evidence accurately and succinctly when applying the law of evidence to legal problems. It aims to develop an appreciation of the determinative role that the rules of evidence can have on the course and outcomes of trials and it encourages students to appraise critically the evidential rules governing formal proceedings. The course also seeks to provide students with the opportunity to engage actively in the learning experience through classroom discussions and court observations. This enhances their ability to evaluate trial processes and evidentiary doctrines from legal and justice perspectives. Studies cover: the nature of evidence, basic evidential concepts, classifications of evidence, obtaining evidence including the course of evidence in trials and the rules relating to the competence and compellability of witnesses, mechanisms for dealing with unreliable evidence and the major exclusionary rules including the relevance rule, the hearsay rule, the opinion evidence rule, the credibility rule and rules relating to tendency and coincidence evidence.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1.	Identify, explain, apply and critique doctrines, principles and rules relating to the law of evidence and their rationales and understanding of the theoretical foundation of the law of evidence and the basic purposes it serves.
2.	Identify evidentiary issues raised in legal problems and apply relevant evidentiary rules.
3.	Clearly and succinctly explain evidence law and its application to both hypothetical scenarios and trial processes, orally and in writing.
4.	Reflect on the operation of the law of evidence in the trial context; and a variety of justice issues relating to evidence.

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	50 credit points of Advanced Law core

Alterations as a result of student feedback

adding unit outline

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Assessment Task 1: Mid-semester Test	See the MyLO site for the due date	20 %	LO1, LO2, LO3
Assessment Task 2:	Assessment Task 3: Seminar Participation	See the MyLO site for the due date	20 %	LO1, LO2, LO3, LO4
Assessment Task 3:	Assessment Task 2: Courtroom Trial Observations and Written Analysis	See the MyLO site for the due date	20 %	LO1, LO2, LO3, LO4
Assessment Task 4:	Assessment Task 4: Final Exam	Exam Period	40 %	LO1, LO2, LO3, LO4

Assessment details

Assessment Task 1: Assessment Task 1: Mid-semester Test

Task Description:

The test consists of a number of short answer and single issue problems. The aim of the test is not simply to assess students’ re-call of the rules and principles, but to gauge their understanding of and ability to apply them

Task Length:

90 minutes

Due Date:

See the MyLO site for the due date

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Written test	LO1, LO2, LO3

Assessment Task 2: Assessment Task 3: Seminar Participation

Task Description:

Active learning requires students to read and analyse cases and statutory materials before classes and to share their knowledge with other students by participating in class discussion. Students will be required to lead class discussions twice per semester.

Task Length:

n/a

Due Date:

See the MyLO site for the due date

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	In-class participation	LO1, LO2, LO3, LO4

Assessment Task 3: Assessment Task 2: Courtroom Trial Observations and Written Analysis

Task Description:

Students attend a trial proceeding(s) in their choice of Supreme Court or Magistrates’ Court (for a minimum of 3 hours) and write up their observations about the evidentiary issues arising in the trial

Task Length:

1000 words

Due Date:

See the MyLO site for the due date

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Observations	LO1, LO2, LO3, LO4

Assessment Task 4: Assessment Task 4: Final Exam

Task Description:

Final exam

Task Length:

3 hours

Due Date:

Exam Period

Weight:

40 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Exam	LO1, LO2, LO3, LO4

How your final result is determined

To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.

Review of results and appeals

You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.