This site will launch

LAWS6009

Evidence

10 Units

This course is a detailed exploration of the legal rules governing the adducing of evidence and proof of facts in civil and criminal trials. There will be critical analysis of the theoretical underpinnings of evidence law as used in common law adversarial systems and, in particular, case theory and the reasoning process that allows inferences to be drawn from evidence to prove facts. Students will critically analyse the underlying principles for the rules and practices that inform legal fact-finding. The course is based on the “Uniform Evidence Law” with the main focus on the Evidence Act 1995 (NSW). Reference will also be made to the counterpart Evidence Act 1995 (Cth) and particularly to where there are differences in specific provisions of the legislation. Students will apply specialised cognitive and technical skills to critically analyse the limits of regulation and logical fact-finding in the analysis and interpretation of what are, to the layperson, somewhat instinctual responses to evidence given at trial.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability
Objectives

Upon successful completion of this course, students will be able to:

  1. Demonstrate advanced and integrated understanding of the principles and rules of evidence law used in the process of fact-finding in both civil and criminal litigation.
  2. Demonstrate critical understanding of theory behind how those principles and rules of evidence law came into being.
  3. Critically evaluate the way in which the rules of evidence operate and are applied in the context of the trial process.
  4. Present assessment tasks based on the course materials through oral and written communication.
  5. Demonstrate specialised working knowledge of the rules of evidence and their application
  6. Use legal analysis effectively in application of the relevant evidentiary principles and rules to a range of factual problems.
Content

The topics in this include but are not limited to:

  1. The Roles of Judge and Jury
  2. Burden and Standard of Proof / Presumptions
  3. Witnesses and Privileges
  4. Adducing Evidence: Examination of Witnesses
  5. Adducing Evidence (cont): Failure to give evidence; Corroboration and Unreliable Evidence
  6. The Hearsay Rules
  7. Opinion Evidence / Documentary and Real Evidence
  8. Admissions and Confessions / Judgments and Convictions
  9. Credibility and Character
  10. Tendency and Co-incidence Evidence
  11. Identification Evidence
Replacing Course(s) NA
Transition NA
Industrial Experience 0
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Modes of Delivery Internal Mode
Teaching Methods Seminar
Assessment Items
  • Essays / Written Assignments - Research Paper
  • Online Learning Activities - Reflective blogs
  • Presentations - Individual - On research or mock trial
Contact Hours
  • Seminar: for 2 hour(s) per Week for 12 weeks
Compulsory Components
  • Requisite by Enrolment: This course is only available to students enrolled in the Juris Doctor/Graduate Diploma in Legal Practice.
Course Materials None listed
Timetable 2014 Course Timetables for LAWS6009

Sound like the course for you?

  Apply Now