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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.
Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.
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.
Students must have passed LAW1214.
Unit was previously coded LAW560F, LAW5705.
On completion of this unit students should be able to:
Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies
Online students access the online learning environment in LMS. 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.
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 School Progression Panel.
| Type | Description | Value |
|---|---|---|
| Tutorial Presentation | Tutorials - participation | 10% |
| Performance | Court appearance as Counsel and written outline of argument. | 30% |
| Examination | Final Examination | 60% |
| Type | Description | Value |
|---|---|---|
| Examination | FINAL EXAMINATION | 60% |
| Participation | Online tutorial participation | 10% |
| Performance | Court appearance as Counsel and written outline of argument. | 30% |
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.
Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.
Breaches of academic integrity can include:
Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).
Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).
Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.
Using or having access to unauthorised materials in an exam or test.
Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.
ECU's policies and more information about academic integrity can be found on the student academic integrity website.
All commencing ECU students are required to complete the Academic Integrity Module.
In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.
Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.
LAW3106|4|1
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.
Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.
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.
Students must have passed LAW1214.
Unit was previously coded LAW560F, LAW5705.
On completion of this unit students should be able to:
Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies
Online students access the online learning environment in LMS. 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.
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 School Progression Panel.
| Type | Description | Value |
|---|---|---|
| Tutorial Presentation | Tutorials - participation | 10% |
| Performance | Court appearance as Counsel and written outline of argument. | 30% |
| Examination | Final Examination | 60% |
| Type | Description | Value |
|---|---|---|
| Examination | FINAL EXAMINATION | 60% |
| Participation | Online tutorial participation | 10% |
| Performance | Court appearance as Counsel and written outline of argument. | 30% |
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.
Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.
Breaches of academic integrity can include:
Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).
Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).
Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.
Using or having access to unauthorised materials in an exam or test.
Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.
ECU's policies and more information about academic integrity can be found on the student academic integrity website.
All commencing ECU students are required to complete the Academic Integrity Module.
In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.
Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.
LAW3106|4|2