Availabilities:
2024 unit offering information will be available in November 2023
Unit description
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
Module 1: Introduction to Evidence – Relevance
Module 2: Burden and standard of proof, competence and compellability
Module 3: Specific "rules" of exclusion
Module 4: Discretions, duties to exclude, prejudicial evidence, judicial warnings, corroboration
Module 5: Privilege
Module 6: Cross examination, credibility, vulnerable witnesses, documents and 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: | |
|---|---|
| 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
- explain and evaluate the use to be made of evidence in civil and criminal proceedings
- distinguish and evaluate the different burdens of proof which apply to civil and criminal proceedings
- 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
Teaching and assessment
Fee information
Domestic
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Fee paying courses
For postgraduate or undergraduate full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees
International
Please check the international course and fee list to determine the relevant fees.