Course Title: Law of Evidence
Part B: Course Detail
Teaching Period: Term1 2010
Course Code: JUST5009
Course Title: Law of Evidence
School: 650T TAFE Business
Campus: City Campus
Program: C6070 - Advanced Diploma of Business (Legal Practice)
Course Contact : John Marshall
Course Contact Phone: +61 3 9925 5453
Course Contact Email:j.marshall@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Illana Rosso will take groups LP2a and LP2C while John Marshall will take group LP2B
Nominal Hours: 51
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.
Pre-requisites and Co-requisites
LAW5040 Legal Process [VBM898]
Course Description
This module covers concept and nature of evidence, standard and burden of proof, no case to answer submissions, examination of witnesses, relevance of evidence, hearsay evidence, competence and compellability of witness, opinion evidence, evidence of character, corroboration, preparation for trial and Evidence Act 1995 (Commonwealth).
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VBM897 Law Of Evidence |
Learning Outcomes
1. Analyse and define the concept and general nature of evidence, and illustrate the different types of evidence and 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. Define and assess a ‘no case to answer’ submission to the court and examine the grounds of making such a submission.
4. Analyse and evaluate the rules governing examination in chief, cross examination and re-examination, and establish the procedures in the conduct of a civil or criminal trial.
5. Analyse the rule relating to relevance of evidence.
6. Identify hearsay evidence and determine the rule excluding hearsay evidence and the exceptions to that rule.
7. Determine the rules relating to competence and compellability of witnesses in relation to case study material.
8. Determine the rule excluding opinion evidence as applied to case studies.
9. Determine and assess the rules of evidence relating to the character of an accused person in relation to case study material.
10. Assess and determine the circumstance under which corroborating evidence is required.
11. Determine and evaluate the main considerations to be exercised by a legal practitioner when preparing a case for trial.
12. Determine and evaluate the structure and provisions of the Evidence Act 1995 (Cth)
Details of Learning Activities
Students will study Law of Evidence theory and skills in class sessions and through prescribed exercises and assessment work. The concepts will also be explored through the investigation of appropriate real world and simulated environments.
Teaching Schedule
Week | Topic | Assessment |
Week 1 – 8 Feb | What is the Law of Evidence? | 10% participation over semester |
Week 2 – 15 Feb | Convincing the court | |
Week 3 – 22 Feb | Presentation of a case and "no case to answer" | |
Week 4 – 1 Mar | Examination in chief | |
Week 5 – 8 Mar | Cross-examination and re-examination | Mon public holiday (Labour Day) |
Week 6 – 15 Mar | Competence and compellability of witnesses | |
Week 7 – 22 Mar | Relevance and the rule against hearsay | |
Week 8 – 29 Mar | Exceptions to the hearsay rule - admissions and confessions | |
1 to 7 April | Student vacation | |
Week 9 – 12 April | First test | 40% Open book ( 2 hours) |
Week 10 – 19 April | Exceptions to the hearsay rule ( cont.) | |
Week 11 – 26 April | Opinion evidence | |
Week 12 – 3 May | Evidence of Character | |
Week 13 – 10 May | Evidence of Character | |
Week 14 – 17 May | Corroboration and Preparation of a Case | |
Week 15 – 24 May | Evidence Act 1995 (Cth) | |
Week 16 – 31 May | Final Exam | Final Exam (2.0 hours – open book) 50% |
Week 17 – 7 June | Deferred assessment and student consultations (FT students - Practical placement) | (Mon public holiday) |
Week 18 – 14 June | Student feedback and review of assessment (FT students - Practical placement) |
Learning Resources
Prescribed Texts
McNicol S and Mortimer D, Evidence 3rd ed (Sydney: LexisNexis Butterworths 2005) |
References
Arenson K.J & Bagaric M, Rules of Evidence in Australia: Text and Cases 2nd ed Sydney: LexisNexis Butterworths 2007 |
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Arenson K.J & Bagaric M, Understanding Evidence Sydney: LexisNexis Butterworths 2002 |
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Gans J & Palmer A, Australian Principles of Evidence 2nd ed Sydney: Cavendish Publishing Australia 2004 |
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Heydon JD, Cross on Evidence 7th Aust ed Sydney: LexisNexis Butterworths, 2004 |
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Hunter J, Cameron C & Henning T, Litigation I: Civil Procedure 7th ed Sydney: LexisNexis Butterworths 2005 |
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Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process 7th ed Sydney: LexisNexis Butterworths 2005 |
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Ligertwood A, Australian Evidence 4th ed Sydney: LexisNexis Butterworths 2004 |
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Waight P & Williams R, Evidence: Commentary and Materials 7th ed Sydney: LawBook Co 2005 |
Other Resources
Legislation (all Acts available online)
Crimes Act 1958 (Vic)
Evidence Act 1958 (Vic)
Evidence Act 2008 (Vic)
Evidence Act 1995 (Cth)
Juries Act 2000 (Vic)
Online Resources
Australian Law Reports
Victorian Law Reports
Cross on Evidence on LexisNexis AU
(http://www.lexisnexis.com/au/legal) Access via the RMIT library Search it page (http://www.rmit.edu.au/library/searchit)
Austlii (http://www.austlii.edu.au)
Victorian Law Today (http://www.legislation.vic.gov.au)
Overview of Assessment
Assessment will consist of written tests and an assignment.
Assessment Tasks
Participation - 10 %
Test 1 - 40% open book
Final Exam
(2.0 hours – open book) 50%
Assessment Matrix
Learning Outcomes | <font size="2">Participation</font> | Test 1 | Final Test |
1. Analyse and define the concept and general nature of evidence, and illustrate the different types of evidence and court procedures relating to evidence. | X | X | X |
2. Determine and analyse the standard of proof and burden of proof in civil and criminal cases, and specify types of presumptions. | X | X | X |
3. Define and assess a ’no case to answer’ submission to the court and examine the grounds of making such a submission. | X | X | X |
4. Analyse and evaluate the rules governing examination in chief, cross examination and re-examination, and establish the procedures in the conduct of a civil or criminal trial. | X | X | |
5. Analyse the rule relating to relevance of evidence. | X | X | X |
6. Identify hearsay evidence and determine the rule excluding hearsay evidence and the exceptions to that rule. | X | X | X |
7. Determine the rules relating to competence and compellability of witnesses in relation to case study material. | X | X | |
8. Determine the rule excluding opinion evidence as applied to case studies. | X | X | |
9. Determine and assess the rules of evidence relating to the character of an accused person in relation to case study material. | X | X | |
10. Assess and determine the circumstance under which corroborating evidence is required. | X | X | |
11. Determine and evaluate the main considerations to be exercised by a legal practitioner when preparing a case for trial. | X | X | |
12. Determine and evaluate the structure and provisions of the Evidence Act 1995 (Cth) | X | X |
Other Information
The complete syllabus for the Law of Evidence is on the course site on the RMIT Learning Hub at http://www.rmit.edu.au/learninghub Please refer to it for details of the learning outcomes and assessment criteria.
Course Overview: Access Course Overview