Handbook : Unit informationEdith Cowan University

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

• Unit Title

  Evidence

• Unit Code

  LAW3106

• Year

  2016

• Enrolment Period

  1

• Version

  2

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

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Description

This unit examines the law of evidence in Western Australia, examining provisions of the Western Australian Evidence Act 1906 and the Commonwealth Evidence Act 1995. Students will be introduced to the rules relating to relevant and admissible evidence as a means to resolve facts and issues at trial. The unit will examine the rules relating to the competence and compellability of witnesses, the rule against hearsay, similar fact evidence, and the right against self-incrimination. Particular focus on the fairness of adversarial litigation and reforms to substantive evidence will be given.

Prerequisite Rule

Students must pass 1 units from LAW1214

Equivalent Rule

Unit was previously coded LAW560F, LAW5705

Learning Outcomes

On completion of this unit students should be able to:

1. An understanding of the relationship between common law evidence and the Evidence Codes and their respective roles in the Australian legal system.
2. Knowledge and understanding of the rules of evidence to enable them to identify factual and legal issues arising in factual scenarios.
3. Effective competence in evidential problem solving, legal analysis, written and oral communications.
4. Analytical and interpretive skills required for providing legal advice.
5. Practical skills in presenting and challenging evidence in a trial context.
6. The capacity to critically reflect upon the role of ethics and the obligations of Counsel in legal practice.

Unit Content

1. Burden of proof and presumptions.
2. Character and credibility.
3. Character of the accused.
4. Competence and compellability of witnesses.
5. Confessions.
6. Corroboration.
7. Degrees of proof.
8. Doctrine of Res Gestae.
9. Examination-in-chief, cross-examination, re-examination.
10. Facts which need not be proved by evidence.
11. Identification evidence.
12. Opinion evidence.
13. Oral, documentary and real evidence.
14. Privilege.
15. Rule against hearsay and exceptions to the rules.
16. Similar Fact evidence.

Additional Learning Experience Information

This unit will be offered on-campus and off-campus. On-campus students have a class contact commitment of two hour lecture and one hour of tutorial per week.. Online students access the online learning environment in Blackboard. Regular online access is required. Students will require a headset with microphone for online participation and exercises.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

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