Evidence Law (7030.4)

Evidence is a branch of procedural law which determines how facts can be proved in litigation. This unit aims to give a general understanding of the common law and legislation, particularly the Evidence Act 1995 (C'th) and (NSW), which regulates the proof of facts in federal, ACT and NSW courts and tribunals. Topics to be examined include the rules regarding the burden and standard of proof; presumptions and prima facie cases; exclusionary rules relating to the privilege against self-incrimination, client professional privilege and public interest immunity; examination of witnesses; real and documentary evidence; and the hearsay rule including admissions and confessions.

Learning outcomes

On successful completion of this unit, students will be able to:
1. Posses an understanding of the rules relating to evidence, their origin in the common law and the Evidence Act 1995 (C'th) and (NSW), the principles underlying those rules and their relationship to substantive law; an ability to apply the relevant rules and to predict their operation; familiarity with the contexts in which rules of evidence are significant; an ability to find the relevant law and law reform proposals relating to evidence; improved skills in legal research and writing, critical analysis, legal problem solving, advocacy, client presentation and communication.

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
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development

Prerequisites

Completion of Legal Systems or equivalent. Entry to the LLB program.