This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream)
Optional interim exam or 2000wd research essay (30%) and 2hr final open-book exam (70% or 100%)
(LAWS5000 or LAWS1006) and (LAWS5003 or LAWS1014)Prohibitions
LAWS2006 or LAWS2016 or LAWS3223