Evidence Law (11284.2)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | Flexible |
Bruce, Canberra |
| EFTSL | Credit points | Faculty |
| 0.125 | 3 | Faculty Of Business, Government & Law |
| Discipline | Study level | HECS Bands |
| Canberra Law School | Level 4 - Undergraduate Advanced Unit | Band 4 2021 (Commenced After 1 Jan 2021) Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905) Band 5 2021 (Commenced Before 1 Jan 2021) |
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 effectively1. 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
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
Skills development
It is recommended that you complete 11279 Criminal Law and Procedure before undertaking this unit.
Prerequisites
11251 Foundations of Law and JusticeCorequisites
This unit is only available to students in a Bachelor of Laws course.Incompatible units
11444 Evidence Law PG, 7228 Evidence Law GEquivalent units
7030 Evidence LawAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2023 | Bruce, Canberra | Semester 2 | 31 July 2023 | Flexible | Dr Tony Krone |
| 2024 | Bruce, Canberra | Semester 2 | 29 July 2024 | Flexible | Dr Tony Krone |
Required texts
Prescribed text:
Hum, Fiona, Gregor Urbas and Ottavio Quirico, Australian Uniform Evidence Law (Cambridge University Press, 2nd ed, 2022) - there is limited online access to an electronic copy of this text available via the University Library and a link is provided in the Reading List on the Canvas site
Other recommended text with additional in-depth coverage - it is not suggested that you have to have this:
- Stephen Odgers, Uniform Evidence Law (Thomson Reuters, Lawbook Co., 17th ed, 2022) - This is an annotated version of the Uniform Evidence Law (UEL) legislation widely used by legal practitioners and courts. It incorporates the Commonwealth, ACT, NSW, NT, and Victorian Acts. Earlier versions of the Odgers text might be obtained second-hand and while not as up to date could provide helpful additional coverage to the prescribed text.
Other resources:
- Students must have access to an up-to-date copy of the UEL legislation e.g. the Evidence Act 2011 (ACT), as this will be referred to extensively in lectures, tutorials, and assessment. This can be accessed for free online - access information will be provided via Canvas.
- Students may also access an online version of Cross on Evidence via Lexis Advance from the University Library website.
Submission of assessment items
Extensions & Late submissions
It is the responsibility of the student to ensure that files submitted via Canvas for assessment items are readable and not corrupted. Submission of an unreadable file will be considered to be a non-submission for that assignment.
Academic integrity
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
Learner engagement
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Inclusion and engagement
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Participation requirements
Participation is expected for tutorials as scheduled. Notices given in lectures or tutorials will be deemed to be given to the whole class.
Required IT skills
Word-processing and use of Canvas
This unit may involve online meetings in real-time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real-time with your lecturer and other students. To participate verbally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset. For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will trigger a tutorial to help familiarise you with the functionality of the virtual room.
Students will need to record and upload a short audio-visual recording for the moot assessment. This should be possible using a mobile phone or computer with audio-visual recording capacity.
In-unit costs
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Work placement, internships or practicums
This unit involves simulation of professional tasks - providing legal advice and presenting oral argument (by way of a moot court presentation).
