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Unit outline_

LAWS2016: Evidence

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

This unit of study aims to teach students the laws of evidence as they operate in civil and criminal trials in Australia. The unit aims to introduce students to the adversarial context within which lawyers might encounter evidential issues in the course of a trial. Attention is given to differences between the civil trial and the accusatorial criminal trial. The unit considers the laws of evidence contained in legislation and the common law. This unit focuses on the Uniform Evidence Law (particularly, Evidence Act 1995 (NSW)) and develop students' skills in statutory interpretation. The unit considers the rules for adducing testimony and other forms of evidence; the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, and the discretions to exclude evidence); and principles relating to proof (including burdens and standards of proof, judicial notice, and missing evidence). The distinction between the roles of the trial judge (as tribunal of law) and the jury (as tribunal of fact) in the jury trial is highlighted. We consider the forces contributing to reform of evidence law, in particular in relation to the prosecution of adult and child sexual assault, and 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
? 
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
Lecturer(s) Salim Farrar, salim.farrar@sydney.edu.au
Alexander Kuklik, alex.kuklik@sydney.edu.au
Rachel Killean, rachel.killean@sydney.edu.au
Colin King, colin.king1@sydney.edu.au
The census date for this unit availability is 2 September 2024
Type Description Weight Due Length
Supervised exam
? 
Final Exam (60%)
2 hours writing time plus 30 minutes reading time
60% Formal exam period 2 hours
Outcomes assessed: LO1 LO2 LO3 LO4
Supervised test
? 
In-Semester Test (40%)
1 hour writing time plus 15 minutes reading time
40% Week 06
Due date: 06 Sep 2024 at 10:00
1 hour
Outcomes assessed: LO1 LO2

Assessment summary

In-semester test (40%): The in-semester test will be a "pen and paper" test. It will be "open book". It will be 1 hour in duration with an additional 15 minutes reading time. It will take place at 10:00 am (Sydney, Australia time) on Friday, 6 September 2024. The test will be made up of one  problem question and will cover materials up to and including the hearsay rule and hearsay exceptions.

Final exam (60%): The final exam will be a "pen and paper" exam. It will be "open book". It will be 2 hours in duration with an additional 30 minutes reading time. It will take place in the formal exam period. It will consist of two problem questions. It will cover all the material studied in the unit.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: 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 2021 (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:

Late penalties do not apply to tests and exams.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction to evidence law; 2. Relevance; 3. Proof (i) burdens and standards of proof Seminar (4 hr) LO1 LO2 LO3 LO4
Week 02 4. Adversarial Trial; 5. Witnesses Seminar (4 hr) LO1 LO2 LO3 LO4
Week 03 6. Documents, Real Evidence; 7. Credibility Seminar (4 hr) LO1 LO2 LO3 LO4
Week 04 8. Hearsay Seminar (4 hr) LO1 LO2 LO3 LO4
Week 05 8. Hearsay (ctd); 9. Tendency and coincidence evidence Seminar (4 hr) LO1 LO2 LO3 LO4
Week 07 10. Character of the accused; 11. Opinion Seminar (4 hr) LO1 LO2 LO3 LO4
Week 08 11. Opinion (Ctd); 12. Discretions Seminar (4 hr) LO1 LO2 LO3 LO4
Week 09 13. Admissions; 14. Self-incrimination Seminar (4 hr) LO1 LO2 LO3 LO4
Week 11 15. Proof (ii) judicial notice, missing evidence, directions Seminar (4 hr) LO1 LO2 LO3 LO4
Week 12 16. Revision Seminar (4 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

 

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

  • Kumar, Peden and Tynan, Uniform Evidence Law: Commentary & Materials (2023, 7th 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. identify, describe, and explain, at an advanced level, the issues, relevant rules, and fundamental principles of Evidence Law in NSW. This includes the adducing of evidence, admissibility, proof and miscellaneous matters within the context of the adversarial trial.
  • LO2. critically analyse novel fact scenarios to identify the evidential issues and applicable laws, applying knowledge of evidence law to evaluate arguments and effectively solve legal problems.
  • LO3. effectively synthesise statutes and case law to develop sound written legal arguments.
  • LO4. define the ethical and professional responsibilities of legal practitioners, appreciate the ethical dimensions of the adversarial trial, and apply the capacity to influence professional life in resolving individual conflict situations and engaging 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.

Word changes from 'course' to 'unit'

Disclaimer

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