LAWS6009
10 units
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 involving community participation 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.
Availability2024 Course Timetables
Newcastle City Precinct
- Semester 1 - 2024
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. Use legal analysis effectively in demonstrating a specialised working knowledge and application of the relevant principles and rules of evidence law to a range of factual problems.
3. Critically evaluate the way in which the rules of evidence operate and are applied in the context of the trial process.
4. Demonstrate highly effective communication skills in oral seminar discussions and the written presentation of assessment tasks based on the course materials.
Content
The topics in course this include but are not limited to:
- The Roles of Judge and Jury
- Burden and Standard of Proof / Presumptions
- Witnesses and Privileges
- Adducing Evidence: Examination of Witnesses and Unreliable Evidence
- The Hearsay Rules
- Opinion Evidence / Documentary and Real Evidence
- Admissions and Confessions / Judgments and Convictions
- Credibility and Character
- Tendency and Co-incidence Evidence.
Requisite
Students must be active in either the
Juris Doctor/Grad Dip Legal Practice program [12334];
Juris Doctor [50016];
or the Master of Laws [12333]
to enrol in this course.
Assessment items
Formal Examination: Formal Examination
Written Assignment: Problem solving exercise
Quiz: Online Mid Semester Quiz
Contact hours
Semester 1 - 2024 - Newcastle City Precinct
Seminar-2
- Face to Face On Campus 2 hour(s) per week(s) for 12 week(s)
Course outline
- LAWS6009 - Semester 1, 2024 (Ncle) (PDF, 314.2 KB)
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.