Available in 2018
Course code

LAWS6009

Units

10 units

Level

6000 level

Course handbook

Description

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.


Availability2018 Course Timetables

Newcastle City Precinct

  • Semester 2 - 2018

Learning outcomes

On successful completion of the 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 and Unreliable Evidence
  5. The Hearsay Rules
  6. Opinion Evidence / Documentary and Real Evidence
  7. Admissions and Confessions / Judgments and Convictions
  8. Credibility and Character
  9. Tendency and Co-incidence Evidence
  10. Identification Evidence

Requisite

This course is only available to students who are active in the Juris Doctor/ Graduate Diploma in Legal Practice program and have successfully completed LAWS6000, LAWS6001, LAWS6002A&B, LAWS6003A&B and LAWS6004A&B.


Assumed knowledge

LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6008.


Assessment items

Formal Examination: Formal Examination

Written Assignment: Limited duration problem solving excersie


Contact hours

Newcastle City Precinct

Online Activity

Online 1 hour(s) per Week for 12 Weeks starting in week 2

Seminar

Face to Face On Campus 2 hour(s) per Week for 12 Weeks