Introduction
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.
Summary
| Unit name | Evidence |
| Unit code | LAW422 |
| Credit points | 12.5 |
| College/School | Arts and Society Faculty of Law |
| Discipline | Law |
| Coordinator | Doctor Matias Thomsen |
| Delivered By | University of Tasmania |
| Level | Honours |
Sustainable Development Goals
The Unit Coordinator has identified that this unit aligns with the following UN Sustainable Development Goals. We welcome your thoughts and feedback on the alignment of the unit with these goals.
Availability
Specific information on 2027 unit availability will be available in August
Learning Outcomes
- 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.
- Identify evidentiary issues raised in legal problems and apply relevant evidentiary rules.
- Clearly and succinctly explain evidence law and its application to both hypothetical scenarios and trial processes, orally and in writing.
- Reflect on the operation of the law of evidence in the trial context; and a variety of justice issues relating to evidence.
Fee Information
2027 fee information will be available in August.
Requisites
Prerequisites
50 credit points of Advanced Law coreTeaching
| Teaching Pattern | Lecture: 2 hour weekly face-to-face (recorded) Seminar: 2 hour fortnightly face-to-face (commencing in Week 2 of semester) |
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| Assessment | Assessment Task 1: Mid-semester Test (20%)|Assessment Task 2: Courtroom Trial Observations and Written Analysis (20%)|Assessment Task 3: Seminar Participation (20%)|Assessment Task 4: Final Exam (40%) |
| Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
| Required |
Stephen Odgers, Uniform Evidence Law (Thomson Reuters, 19th ed, 2024). Odgers is also available through the University library as an eBook. |
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| Recommended | Jeremy Gans, Andrew Palmer, and Andrew Roberts Uniform Evidence, (OUP, 4th ed, 2025). Gans is also available through the University library as an eBook. Earlier editions are fine. Jill Hunter et al, The Trial (Federation Press, 2021). |
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.