Evidence Law PG (11444.1)

This unit introduces graduate students to the law of Evidence.
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 for both criminal and civil proceedings. Topics include adversarialism; forms of evidence; evidentiary principles and rules (eg 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).

Learning outcomes

After successful completion of this unit, students will be able to:
1. Explain and analyse the law of evidence as embodied in the Uniform Evidence Law (UEL) in its cultural, social and historical context;
2. Exercise independent judgment in applying the law of evidence in civil and criminal proceedings to solve complex problems, using oral and/or written communication skills;
3. Critique and articulate important policy debates underpinning evidence law and its reform; and
4. Investigate and synthesise complex information in relation to the law of evidence and related law reform proposals.

Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
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
1. UC graduates are professional - take pride in their professional and personal integrity
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
3. UC graduates are lifelong learners - be self-aware

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

None.

Incompatible units

11284 Evidence Law

Equivalent units

7228 Evidence Law G

Assumed knowledge

None.