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.
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Mr Matias Thomsen|
|Delivered By||University of Tasmania|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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|Study Period||Start date||Census date||WW date||End date|
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (refer to How do I withdraw from a unit? for more information).
Unit census dates currently displaying for 2023 are indicative and subject to change. Finalised census dates for 2023 will be available from the 1st October 2022. Note census date cutoff is 11.59pm AEST (AEDT during October to March).
- 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.
|Field of Education||Commencing Student Contribution 1||Grandfathered Student Contribution 1||Approved Pathway Course Student Contribution 2||Domestic Full Fee|
1 Please refer to more information on student contribution amounts.
2 Please refer to more information on eligibility and Approved Pathway courses.
3 Please refer to more information on eligibility for HECS-HELP.
4 Please refer to more information on eligibility for FEE-HELP.
Please note: international students should refer to What is an indicative Fee? to get an indicative course cost.
Prerequisites50 credit points of Advanced Law core
Lecture: 2 x 1 hour weekly face-to-face
Tutorial: 1 hour weekly face-to-face (commencing in Week 2 of semester)
|Assessment||Assessment Task 2: Courtroom Trial Observations and Written Analysis (40%)|Assessment Task 3: Final Exam (40%)|Assessment Task 1: Written Advice to Client Explaining Evidentiary Issues (20%)|
|Timetable||View the lecture timetable | View the full unit timetable|
Required readings will be listed in the unit outline prior to the start of classes.
|Links||Booktopia textbook finder|
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.