Course Title: Law of Evidence

Part A: Course Overview

Course Title: Law of Evidence

Credit Points: 12.00


Course Coordinator: Dr Christina Platz

Course Coordinator Phone: -

Course Coordinator Email: christina.platz@rmit.edu.au

Course Coordinator Location: Building 13, Level 2

Course Coordinator Availability: By appointment


Pre-requisite Courses and Assumed Knowledge and Capabilities

Enforced Prerequisites:
054026 Principles of Administrative Law
054016 Constitutional Law
054014 Civil Dispute Resolution
054034 Trusts


Course Description

This course will introduce you to the uniform evidence laws in Australia with emphasis on the regulatory framework relevant to the state of Victoria. You will commence your study learning about relevance and admissibility, competence, compellability and examination of witnesses, identification, character and credibility of the accused, tendency and coincidence evidence, opinion evidence, hearsay and exceptions to hearsay, right to silence and admissions, illegally or improperly obtained evidence and privileges


Objectives/Learning Outcomes/Capability Development

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Course Learning Outcomes

Upon successful completion of this course, you will:

CLO1: Critically explore why society has laws of evidence; and the broad theoretical basis of evidence law, court process and proof;

CLO2: Apply sources of Australian evidence law in both uniform legislation jurisdictions and “common law” jurisdictions;

CLO3: Demonstrate an understanding of the fundamental principles of evidence law; and how they are applied;

CLO4: Demonstrate understanding of the fundamental requirements of proof; and how they are applied;

CLO5: Research, interpret and apply the rules about presenting and challenging oral, documentary and real evidence;

CLO6: Research, interpret and apply the rules about excluding evidence, and exceptions to those rules; and evaluate judicial discretions to limit or exclude evidence; and how these discretions are exercised;

CLO7: Critique processes to deal with unreliable evidence, especially in criminal trials; and how they are applied;

CLO8: Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and collaborate effectively;

CLO9: Reflect on and assess personal capabilities and performance.

 

 

 


Overview of Learning Activities

To achieve the objectives this course requires you to participate in various learning activities. These activities comprise of lectures, tutorials, self-directed learning, participation through in-class and online activities, legal writing exercises, collaborating with peers on set tasks or projects, mooting exercises, and a final examination.


Overview of Learning Resources

Various learning resources are available online through MyRMIT Studies\Canvas. The lecture notes and tutorial notes are posted on Canvas.

Resources are also available online through RMIT Library databases and other facilities. Visit the RMIT library website for further details. Assistance is available online via our chat and email services, face to face at our campus libraries or via the telephone on (03) 9925 2020.

Additions resources and/or sources to assist your learning will be identified by your course coordinator and will be made available to you as required during the teaching period.


Overview of Assessment

Assessment Task 1: 20%
Linked CLOs: 1, 3, 4

Assessment Task 2: 30%
Linked CLOs: 2, 4, 5, 6, 7, 8, 9

Assessment Task 3: 50%
Linked CLOs: 1 ,2 ,3, 4, 5, 6, 7