Course Title: Define and evaluate law of evidence

Part A: Course Overview

Program: C6141 Advanced Diploma of Legal Practice

Course Title: Define and evaluate law of evidence

Portfolio: BUS Portfolio Office

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Course Code




Learning Mode

Teaching Period(s)


City Campus


650T Vocational Business Education

Face-to-Face or Internet

Term2 2016,
Term1 2017,
Term2 2017

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email:

Course Description

This unit describes the skills and knowledge required to employ rules of evidence and procedure as they apply to civil and criminal trials, and to analyse and evaluate evidence available in connection with the preparation of a case for trial, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office, insurance company or associated fields within public and/or corporate sectors.

Pre-requisite Courses and Assumed Knowledge and Capabilities


National Competency Codes and Titles

National Element Code & Title:

VU21635 Define and evaluate law of evidence


1.Analyse the concept of evidence and identify court procedures relating to evidence

2.Determine and analyse the standard of proof and burden of proof in civil and criminal cases, and specify types of presumptions

3.Analyse and apply the rule relating to relevance of evidence

4.Analyse and evaluate the rules governing examination of evidence in the conduct of a civil or criminal trial

5.Determine the rules relating to competence and compellability of witnesses

6.Analyse and apply statutory and common law rules which provide the basis for evidence to be excluded

7.Determine the circumstances under which a trial judge may give warnings to a jury

8.Determine and evaluate the main considerations to be exercised by a legal practitioner when preparing a case for trial

9.Explore and comply with the Victorian Uniform Evidence Act

Learning Outcomes


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• following correct procedures for the evaluation and submission of evidence in a criminal or civil case
• analysis of standard of proof and burden of proof in civil and criminal cases
• evaluation of the rules governing examination in chief, cross examination and re-examination
• determination of the rules relating to competence and compellability of witnesses
• knowledge and interpretation of legal terminology and fundamental concepts relevant to types of evidence and the law of evidence
• knowledge and application of the various rules of evidence and exceptions to such rules
• knowledge of Federal and State legislation and provisions relevant to Law of Evidence
• analysis and evaluation of evidence available in connection with the preparation of a case for trial

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.