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  2. Evidence [LAW3106]

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.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2020 Units. Students will be notified of all approved modifications by Unit Coordinators via email and Unit Blackboard sites. Where changes have been made, these are designed to ensure that you still meet the unit learning outcomes in the context of our adjusted teaching and learning arrangements.

  • Unit Title

    Evidence

  • Unit Code

    LAW3106

  • Year

    2020

  • Enrolment Period

    1

  • Version

    3

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

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. Identify when admissibility of evidence is in issue in a factual scenario, and identify and apply the rules of evidence to resolve the issue.
  2. Apply acquired knowledge in evidential problem solving, legal analysis, written and oral communications.
  3. Demonstrate an appropriate level of skill in presenting and challenging evidence in a trial context.
  4. Critically reflect upon the role of ethics and the obligations of Counsel in legal practice.
  5. Create responses to issues as they arise in a simulated courtroom environment.

Unit Content

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

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

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. Students will be guided through the rules of evidence and practise how those rules apply in weekly tutorial exercises. All students will be assessed in a real time exercise on a simulated in Court evidence exercise. Off-campus students will conduct the same exercise over the internet.

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.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationTutorials - participation 10%
PerformanceCourt appearance as Counsel and written outline of argument.30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial participation10%
PerformanceCourt appearance as Counsel and written outline of argument.30%
ExaminationFinal examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3106|3|1

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.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for this unit. All assessment changes will be published by 27 July 2020. All students are reminded to check handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Evidence

  • Unit Code

    LAW3106

  • Year

    2020

  • Enrolment Period

    2

  • Version

    3

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

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. Identify when admissibility of evidence is in issue in a factual scenario, and identify and apply the rules of evidence to resolve the issue.
  2. Apply acquired knowledge in evidential problem solving, legal analysis, written and oral communications.
  3. Demonstrate an appropriate level of skill in presenting and challenging evidence in a trial context.
  4. Critically reflect upon the role of ethics and the obligations of Counsel in legal practice.
  5. Create responses to issues as they arise in a simulated courtroom environment.

Unit Content

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

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

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. Students will be guided through the rules of evidence and practise how those rules apply in weekly tutorial exercises. All students will be assessed in a real time exercise on a simulated in Court evidence exercise. Off-campus students will conduct the same exercise over the internet.

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.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationTutorials - participation 10%
PerformanceCourt appearance as Counsel and written outline of argument.30%
TestFinal Assessment60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial participation10%
PerformanceCourt appearance as Counsel and written outline of argument.30%
TestFinal Assessment60%

Core Reading(s)

  • Field, D., & Offer, K. (2014). Western Australian Evidence Law. Chatswood NSW: LexisNexis Butterworth. Retrieved from https://ecu.on.worldcat.org/oclc/880959590?databaseList=638

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3106|3|2