Evidence

Course aim

The aims of this course are to provide students with advanced knowledge and understanding of the rules of evidence within the context of the adversarial system of justice as well as developing skills relevant to ongoing learning and professional practice.

Course content

The course covers the rules of evidence as applied in South Australian and Federal criminal and civil jurisdictions. Fundamental concepts relating to the adversarial system including the role of the advocate, ethical issues, the burden of proof and judicial discretion are considered. The course also examines the various means of proof: oral testimony, documents and real evidence. Emphasis is placed on the trial process - competence and compellability, examination of witnesses generally, and of particular witnesses whose evidence may require an appreciation of age, gender and cultural differences. The skill of adducing evidence and making objections to evidence will be developed within the context of the trial process. Exclusionary rules such as hearsay, dispositional evidence and opinion evidence and their exceptions are considered in depth.

Textbook(s)

Hemming, A & Layton, R 2017, Evidence Law in Qld, SA and WA , Lawbook Co Ltd, Pyrmont N.S.W.

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 1015	Torts B
LAWS 2030	Criminal Law and Procedure
LAWS 1008	Contracts A

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Preparatory	1 x 1 week
Workshop	3 hours x 10 weeks

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Advocacy exercise 1 - 10% Advocacy exercise 2 - 10%, Continuous assessment, Trial notebook: selected reflections of advocacy exercises

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.