Unit description

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.

Learning outcomes and graduate attributes

Teaching and assessment

Notice

Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information

Domestic

Commonwealth Supported courses
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Commencing 2018 Commonwealth Supported only. Student contribution band: 3

Fee paying courses
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International

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