| Semester 2, 2021 Online | |
| Short Description: | Advanced Evidence |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: LAW5121
Pre-requisite or Co-requisite: LAW5223
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the evidence area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Evidence, specifically: introduction; competence and compellability; privilege; the examination of witnesses; disposition and character; similar fact evidence; the accused as a witness; burden and standard of proof; documentary evidence; opinion evidence and prior determination; hearsay (the exclusionary rule; the common law and statutory exceptions); admissions and confessions in criminal cases; illegally obtained evidence and confirmation by subsequent fact; res gestae; and corroboration.
Synopsis
Evidence law concerns the rules and principles that govern what information can be used in court proceedings, who can use it and how it can be used. These rules pervade the operation of all areas of law in which an issue may come before a court for determination. Therefore, understanding the rules of evidence is critical for all lawyers practising in a field in which disputes of fact may arise. This is effectively any area of law. Criminal cases are the most heavily governed by laws of evidence, but these rules are also important for civil law, including contractual disputes, claims for damages for negligence and defamation. Although evidence law is largely procedural, its application can have a profound effect on the outcome of a case. In particular, rules governing admissibility determine the evidence juries are allowed to hear and judges are permitted to take into account when reaching a verdict or deciding a fact in issue. This course examines those rules, including the rationales for their existence. Like laws in general, evidence law is a balance of competing considerations. These rules attempt to reconcile the court's inquiry for the truth on disputed issues with considerations of expediency, reliability, fairness and other public policy considerations. Social and ethical questions arise throughout the course. Students will learn about the trial process as well as how witnesses are allowed to deliver testimony, rules of admissibility, including exclusionary rules and judicial discretions. The various forms of privilege from giving evidence will be considered, especially legal professional privilege, knowledge of which is essential for any students intending to practise in the legal profession. The course will focus on the rules of evidence applicable in Queensland under the common law and Evidence Act 1977 (Qld). The comparable federal regime covered by the Evidence Act 1995 (Cth) will also be considered. The information studied in this course is practical and aims to give students practical knowledge and skills to assist them in becoming competent practitioners.
Objectives
On successful completion of this course students should be able to:
- Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex body of knowledge [relevant to evidence], and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; and the principles and values of justice and of ethical practice in lawyers’ roles (PO1/TLO1).
- Demonstrate an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts [relevant to evidence] (PO2/TLO2).
- Identify and articulate complex legal issues [relevant to evidence]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to evidence] (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Introduction [Admission Rules 10(1)] | 5.00 |
| 2. | Competence and compellability [Admission Rules 10(2)] | 5.00 |
| 3. | Privilege [Admission Rules 10(3)] | 10.00 |
| 4. | The examination of witnesses [Admission Rules 10(4)] | 10.00 |
| 5. | Disposition and character [Admission Rules 10(5)] | 5.00 |
| 6. | Similar fact evidence [Admission Rules 10(6)] | 10.00 |
| 7. | The accused as a witness [Admission Rules 10(7)] | 10.00 |
| 8. | Burden and standard of proof [Admission Rules 10(8)] | 5.00 |
| 9. | Documentary evidence [Admission Rules 10(9)] | 10.00 |
| 10. | Opinion evidence and prior determination [Admission Rules 10(10)] | 5.00 |
| 11. | Hearsay (the exclusionary rule; the common law and statutory exceptions) [Admission Rules 10(11)] | 5.00 |
| 12. | Admissions and confessions in criminal cases [Admission Rules 10(12)] | 5.00 |
| 13. | Illegally obtained evidence and confirmation by subsequent fact [Admission Rules 10(13)] | 5.00 |
| 14. | Res gestae [Admission Rules 10(14)] | 5.00 |
| 15. | Corroboration [Admission Rules 10(15)] | 5.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=02&subject1=LAW5321)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference Materials
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed Study | 89.00 |
| Private Study | 36.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Objectives Assessed | Notes |
|---|---|---|---|---|---|
| ONLINE TEST | 15 | 15 | 09 Aug 2021 | 1,2,3 | (see note 1) |
| RESEARCH ASSIGNMENT | 50 | 50 | 20 Sep 2021 | 1,2,3,4,5 | |
| ONLINE TEST - PROBLEM-SOLVING | 35 | 35 | 25 Oct 2021 | 1,2,3 |
Notes
- The online assessment items will be available for five days on the StudyDesk starting at 12.30am on the relevant Thursday opening date until 11.30 pm Australian Eastern Standard Time on the following Monday closing due date.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Online assessments will be available from 11.30am to 11.30pm (Australian Eastern Standard Time) on the due date.