Evidence Law (11284.2)

This unit is designed to meet the admission requirements for practice as a legal practitioner in the Australian States and Territories.
This unit covers the broad theoretical and conceptual bases of evidence law and its historical and social context. It studies the role, sources and foundation of the law of evidence and trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof. Topics include adversarialism; forms of evidence; evidentiary principles and rules (e.g. credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions to the rules; privileges; judicial discretion and warnings, comments and directions; mandatory and discretionary exclusions; and the limitations on evidence. The unit is based on the Uniform Evidence Law with a particular focus on the Evidence Act 2011 (ACT).
This unit may be co-taught with a PG version of the same unit.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Analyse and explain the broad theoretical and conceptual bases of evidence law and its historical and social context;
2. Articulate the role, sources and foundation of the law of evidence and trial procedure and understand the burden and standard of proof and pre-trial obligations;
3. Explain forms of evidence and apply evidentiary principles and rules, and exceptions to them, including: relevance, original evidence, including res gestae, hearsay, opinion, admissions and confessions, tendency and coincidence, identification, and credibility and character evidence;
4. Interrogate and explain the operation of privileges, judicial discretion and warnings, comments and directions, mandatory and discretionary exclusions, and the limitations on evidence; and
5. Critique important policy debates underpinning evidence law and its reform.

Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas

Prerequisites

11251 Foundations of Law and Justice

Corequisites

This unit is only available to students in a Bachelor of Laws course.

Incompatible units

11444 Evidence Law PG, 7228 Evidence Law G

Equivalent units

7030 Evidence Law

Assumed knowledge

None.