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

    Expert Evidence
  • Unit Code

    LAW3900
  • Year

    2016
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit examines the theory and practical application of the law of expert evidence in Western Australia, examining provisions of the Western Australian Evidence Act 1906 and the Commonwealth Evidence Act 1995. Students will be introduced to key rules relating to relevant and admissible evidence as a means to resolve facts and issues at trial with an emphasis on expert/opinion evidence. The unit will examine how those rules relate to the preparation of expert reports and subsequent presentation of a prepared report including exhibits in a court of law. The unit has a significant practical component requiring active engagement in adversarial litigation in a practice court scenario.

Prerequisite Rule

Students must have completed a minimum of 240 credit points.

Learning Outcomes

On completion of this unit students should be able to:

  1. Identify current controversies with the reception of expert evidence in Australian courts and one overseas jurisdiction.
  2. Demonstrate an understanding of procedural elements of a criminal and civil trial and the respective roles of presiding judicial officer, the legal advocate and the expert witness, including their respective ethical responsibilities.
  3. Identify and discuss the legal rules and procedures governing the admissibility of expert evidence in the criminal and civil trial process.
  4. Analyse the requirements of particular factual scenarios and apply their knowledge to prepare and challenge expert evidence.
  5. Competently prepare and present an expert report with associated exhibits in a mock trial scenario.
  6. Critically evaluate the performance of a student acting in the role of an expert in a mock trial scenario.

Unit Content

  1. An introduction to the rules of evidence including distinguishing between common law and Uniform Evidence Law, What is relevant evidence?, Burden and standard of proof, Overview of oral, documentary and real evidence, Distinguishing between examination-in-chief, cross-examination, re-examination and Brief introduction to Identification evidence and Similar Fact evidence.
  2. A brief history of expert evidence.
  3. Evidential rules relating to Opinion/expert evidence.
  4. Recent developments in admissibility of scientific evidence.
  5. Federal and State Court guidelines for experts.
  6. Preparing an expert report on a crime/accident scene.
  7. How to present expert evidence in court.
  8. How to evaluate the presentation of expert evidence.

Additional Learning Experience Information

On-campus students will attend a weekly three hour seminar. On-line students will access the program via Blackboard. Regular online access is required. Preliminary Exercise and Major Exercise (mock trial scenarios): Students will prepare and present two expert evidence reports. The preliminary exercise is based on a mock crime/accident scene that will be video/film based with physical data supplied. In the second major exercise online students will be paired with an on-campus student for physical data obtained from a simulated crime/accident scene on-campus students to visually record this component of the exercise for, amongst other things, supply to external students. All students will present their evidence and review another student's presentation either in class on campus or using audio-visual technology links to the campus (e.g. Adobe Connect, Skype, Scopia,Zoom).

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
ExerciseMock Trial 1, including preparation and written feedback20%
JournalWork Journal40%
ExerciseMock Trial 2, including preparation and written feedback40%
ONLINE
TypeDescriptionValue
ExerciseMock Trial 1, including preparation and written feedback20%
JournalWork Journal40%
ExerciseMock Trail 2, including preparation and written feedback40%

Text References

  • Freckelton, I., & Selby, H. (2013). Expert Evidence: Law, practice, procedures and advocacy (5th ed). Pyrmont NSW: LawBook Co.
  • Heming, A., Kumar, M., & Peden, E. (2013). Evidence:Commentary and materials (8th ed.).  Sydney: Thomson Reuters.

Other References

  • Evidence Act 1906 (WA). (latest reprint).
  • Evidence Act 1995 (Cth). (latest reprint).

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.

LAW3900|1|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.

  • Unit Title

    Expert Evidence
  • Unit Code

    LAW3900
  • Year

    2016
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit examines the theory and practical application of the law of expert evidence in Western Australia, examining provisions of the Western Australian Evidence Act 1906 and the Commonwealth Evidence Act 1995. Students will be introduced to key rules relating to relevant and admissible evidence as a means to resolve facts and issues at trial with an emphasis on expert/opinion evidence. The unit will examine how those rules relate to the preparation of expert reports and subsequent presentation of a prepared report including exhibits in a court of law. The unit has a significant practical component requiring active engagement in adversarial litigation in a practice court scenario.

Prerequisite Rule

Students must have completed a minimum of 240 credit points.

Learning Outcomes

On completion of this unit students should be able to:

  1. Identify current controversies with the reception of expert evidence in Australian courts and one overseas jurisdiction.
  2. Demonstrate an understanding of procedural elements of a criminal and civil trial and the respective roles of presiding judicial officer, the legal advocate and the expert witness, including their respective ethical responsibilities.
  3. Identify and discuss the legal rules and procedures governing the admissibility of expert evidence in the criminal and civil trial process.
  4. Analyse the requirements of particular factual scenarios and apply their knowledge to prepare and challenge expert evidence.
  5. Competently prepare and present an expert report with associated exhibits in a mock trial scenario.
  6. Critically evaluate the performance of a student acting in the role of an expert in a mock trial scenario.

Unit Content

  1. An introduction to the rules of evidence including distinguishing between common law and Uniform Evidence Law, What is relevant evidence?, Burden and standard of proof, Overview of oral, documentary and real evidence, Distinguishing between examination-in-chief, cross-examination, re-examination and Brief introduction to Identification evidence and Similar Fact evidence.
  2. A brief history of expert evidence.
  3. Evidential rules relating to Opinion/expert evidence.
  4. Recent developments in admissibility of scientific evidence.
  5. Federal and State Court guidelines for experts.
  6. Preparing an expert report on a crime/accident scene.
  7. How to present expert evidence in court.
  8. How to evaluate the presentation of expert evidence.

Additional Learning Experience Information

On-campus students will attend a weekly three hour seminar. On-line students will access the program via Blackboard. Regular online access is required.

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
ParticipationClass participation (including contribution to class discussion that shows evidence of preparation and pre-reading)10%
TestShort Answer Test50%
ExercisePresentation and Evaluation of Expert Report40%
ONLINE
TypeDescriptionValue
ParticipationUnit participation (including contribution to discussion board that shows evidence of preparation and pre-reading)10%
TestShort Answer Test50%
ExercisePresentation and Evaluation of Expert Report40%

Text References

  • Field, D., & Offer, K. (2014). Western Australian evidence law. Chatsworth NSW: LexisNexis.
  • Freckelton, I., & Selby, H. (2013). Expert Evidence: Law, practice, procedures and advocacy (5th ed). Pyrmont NSW: LawBook Co.

Other References

  • Evidence Act 1906 (WA). (latest reprint).
  • Evidence Act 1995 (Cth). (latest reprint).

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.

LAW3900|1|2