Hobart
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 2024
| Unit name | Evidence |
|---|---|
| Unit code | LAW422 |
| Credit points | 12.5 |
| Faculty/School | College of Arts, Law and Education Faculty of Law |
| Discipline | Law |
| Coordinator | Dr Helen Cockburn |
| Level | Advanced |
| Available as student elective? | No |
| Breadth Unit? | No |
Availability
Note
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Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Special approval is required for enrolment into TNE Program units.
TNE Program units special approval requirements.
* 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 (see withdrawal dates explained for more information).
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.
Fees
Requisites
50 credit points of Advanced Law core
Teaching
| Teaching Pattern | 1 x Pre-recorded Lecture per week 1 x 2 hour Seminar per week 1 x 1 hour Zoom drop-in review session per week |
|---|---|
| Assessment | Mid-semester test, 90 minutes (20%), Briefing Note 1250 words (20%), Seminar participation (20%), Final exam, 2 hours (40%) |
| Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
| Required | |
|---|---|
| Recommended |
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.