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.
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
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
|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||Intellectual rigour||Knowledge of a discipline|
|2||explain and evaluate the use to be made of evidence in civil and criminal proceedings||Intellectual rigour||Knowledge of a discipline|
|3||distinguish and evaluate the different burdens of proof which apply to civil and criminal proceedings||Knowledge of a discipline|
|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||Knowledge of a discipline||Communication and social skills|
Teaching and assessment
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2016 Commonwealth Supported only. Student contribution band: 3
Please check the international course and fee list to determine the relevant fees.