Evidence

Course code LAWS4004Units 10Level 4000Faculty of Business and LawNewcastle Law School

LLB courses are only available to students enrolled in Bachelor of Laws (LLB); Bachelor of Laws (Honours) and associated combined degree programs.

Introduces students to the legal rules and principles governing the adducing of evidence and proof of facts in civil and criminal trials. Topics covered include relevance, competence and compellability, privilege, kinds of evidence, the examination of witnesses, burdens and standards of proof, illegally obtained evidence and the various exclusionary rules, such as hearsay, opinion, admissions, credibility and tendency/coincidence. The Evidence Acts 1995 (NSW) &(Cth) form the backbone to the course.

Available in 2014

Callaghan CampusSemester 2
Previously offered in 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004
Objectives1. To develop knowledge and understanding of the principles and rules of evidence law used in the process of fact finding in both civil and criminal litigation in New South Wales and in the Federal jurisdiction.

2. To develop an understanding of how those principles and rules of evidence law came into being.

3. To develop some critical appreciation of the way in which the rules of evidence operate and are applied in the context of the trial process.

4. To further develop sound communication skills in the oral and written presentation of assessment tasks based on the course materials

5. To develop ability to use legal analysis effectively in application of the relevant evidentiary principles and rules to a range of factual problems.
ContentThis course will introduce students to the legal rules governing the adducing of evidence and proof of facts in civil and criminal trials. The course is structured to meet the admission requirements for practice as a legal practitioner in New South Wales and the other Australian States and Territories.
Topics covered will include relevance, kinds of evidence, competence and compellability, privileges, adducing evidence in court, the examination of witnesses, burdens and standards of proof, discretionary exclusion of evidence including illegally obtained evidence and judicial warning as to unreliable evidence. Also, the exclusionary rules relating to admissibility of evidence will be covered, namely, the rule against hearsay and its exceptions, the opinion rule, admissions and confessions, character and credibility, tendency and coincidence, and documentary evidence.
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.
Replacing Course(s)NA
TransitionNA
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS4003 (or equivalents).
Modes of DeliveryInternal Mode
Teaching MethodsProblem Based Learning
Lecture
Seminar
Assessment Items
Essays / Written Assignments
Examination: Formal
Other: (please specify)Group seminar participation
Presentations - GroupGroup presentations of case probes
Contact HoursSeminar: for 2 hour(s) per Week for Full Term
Lecture: for 1 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.
Timetables2014 Course Timetables for LAWS4004