Handbook : Unit informationEdith Cowan University

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

  Evidence

• Unit Code

  LAW3106

• Year

  2019

• 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

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

Learning Experience

ON-CAMPUS

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

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.

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