Skip to main content
Unit outline_

LAWS2016: Evidence

Semester 2, 2021 [Normal day] - Remote

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.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1006 and LAWS1014
Corequisites
? 
None
Prohibitions
? 
LAWS5013
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator David Hamer, david.hamer@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home extended release) Type E final exam Final take-home exam
Final take-home exam
0% Formal exam period 24 hours
Outcomes assessed: LO1 LO2 LO3 LO5 LO6
Assignment Optional tutorial presentation proposal
Proposal for those wishing to do optional tutorial presentation.
0% Multiple weeks 500 words or less
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Participation Unstructured tutorial participation
Unstructured tutorial participation
0% Ongoing Ongoing
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Presentation [Optional] Tutorial presentation
Tutorial presentation
0% Ongoing 10 to 15 minutes
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Type E final exam = Type E final exam ?

Assessment summary

Unstructured tutorial participation (10%): The mark awarded will reflect the extent to which the student attended and made a positive contribution to tutorials, including answering questions, and participating in discussions. Student contributions will be assessed by reference to the usual considerations – materiality, accuracy, clarity, originality, provision of authority. Of course, expectations will reflect the informal, spontaneous context. The mark will also reflect less tangible considerations. Students should respect other students, encourage their contributions, and be tolerant of different views. Towards the end of the semester students will be invited to complete a self-assessment sheet; that is, you will be asked to indicate what mark you feel you deserve for class participation and to provide reasons why such a mark is justified. Tutors won’t be bound by this but will take it into account.

[Optional] Tutorial presentation (20%): Tutorial presentations will begin in week 3 (Monday, 23 August 2021). Students have the option of making an assessable presentation during a tutorial, worth 20%. The presentation should relate to, and assist student understanding of, the Unit syllabus, and should be scheduled for an appropriate week. Students taking this option will reduce the value of their final exam to 70%. They will sit the same final exam as other students. 

Tutorial presentations should run for 10 to 15 minutes, after which the presenter will respond to questions and comments from the class. A presentation may be viva voce (ie, a conventional talk with or without slides) or by pre-recorded video.

Both options are available to students in face-to-face tutorials and the on-line tutorials. In either case the student must be present and available to respond to questions and comments from the class afterwards.  

Student presentations will be assessed by reference to the usual considerations – materiality, accuracy, clarity, originality, provision of authority. More specifically, the mark will reflect the effectiveness of the presentation, including matters such as the pace of delivery, the clarity of the material on the slides/video (if any), and how well the presenter handles the questions and discussion. In the case of a video, high production values will not necessarily be rewarded – not more than the extent to which it contributes to the effective delivery of relevant content. Common problems in student presentations include: (a) packing far too much material onto slides; presenting the audience with a choice between reading and listening; (b) the presenter reading from a script rather than providing a more natural delivery and (c) presenters racing through material too fast without giving due consideration to the audience’s ability to follow it. Students may be penalised for going over time. Students should keep time themselves, but tutors will endeavour to assist in this regard.

Optional tutorial presentation proposal (0%): Students wishing to take the option of the tutorial presentation should put together a proposal of no more than 500 words (it may be far shorter) for approval by their tutor. This should be sent to the tutor at least two weeks prior to the relevant tutorial week.

Final exam (take-home extended release) (70% or 90%): This will be an on-line exam during the final exam period (22 November – 4 December 2021). Students will have 24 hours to complete the exam. The exam will primarily be made up of problem questions. There may be a discussion component relating to the issues raised by problems. We are giving you 24 hours for the exam to provide you with the opportunity for greater reflection and crafting of your answers, however, it should not take an entire day. The exam is not intended to be much more challenging than a regular sit-down 2-hour exam. Note the general assessment guidelines. The mark assigned will reflect the usual considerations – materiality, accuracy, clarity, originality, provision of authority. You should provide references for your statements of law or where you are using someone else’s work. However, as in a regular sit-down 2-hour exam, you need not strictly comply with AGLC4. It is an exam, not an assignment. Just provide sufficient information for us to identify the source (a) If you refer to cases from the readings, the case name alone will suffice. Otherwise, eg, case name and date or court (b) For secondary sources, eg, surname or name of commission, and title of book, article or report. The exam has a word limit of 2500 words including citations, but not including a bibliography. A bibliography is not required, but students may wish to include one so as to shorten references in the text of their answers.

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per calendar day or part thereof. Late penalties will not apply to exams. The outcome of a successful Special Consideration application for the exam will be a replacement exam.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction to evidence law; 2. Relevance; 3. Proof - Burdens, standards Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 4. Adversarial Trial; 5. Witnesses, documents, real evidence Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 03 6. Credibility; 7.Hearsay Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 04 7. Hearsay (ctd) Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 06 8. Tendency and coincidence evidence; 9. Character of the accused Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 07 10. Opinion evidence; 11. Identification evidence Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 09 12. Discretions to exclude Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 10 13. Admissions and privilege against self-incrimination Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 11 14. Proof - directions Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 12 15. Revision Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

  • Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guide: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376
  • Teaching schedule: This is via pre-recorded lectrure and live tutotial.

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit is available on Canvas.

  • Kumar, Odgers and Peden, Uniform Evidence Law: Commentary & Materials (2018, 6th ed)

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate the depth of your disciplinary expertise with regard to evidence law;
  • LO2. demonstrate critical thinking, problem solving and inventiveness in using your knowledge of evidence law to develop and assess arguments regarding novel fact situations;
  • LO3. demonstrate effective oral and written communication skills, in class discussion and written assessment respectively;
  • LO4. demonstrate information/digital literacy by carrying out research on the issues raised in the course;
  • LO5. demonstrate appreciation of the ethical dimensions of the adversarial trial; and
  • LO6. demonstrate capacity to influence in your professional life with regard to both the resolution of individual conflict situations and in policy debates.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Changes were made to course delivery and assessment in order to accommodate the COVID-19 circumstances.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.