Course Title: Define and evaluate law of evidence
Part B: Course Detail
Teaching Period: Term2 2016
Course Code: LAW5718
Course Title: Define and evaluate law of evidence
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Robert Sheen
Course Contact Phone: +61 3 9925 5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Alana Ryan (Sessional Teacher)
80.05.018
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.
Pre-requisites and Co-requisites
None
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.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21635 Define and evaluate law of evidence |
Element: |
1.Analyse the concept of evidence and identify court procedures relating to evidence |
Performance Criteria: |
1.1 Define and illustrate the term and general nature of evidence |
Element: |
2.Determine and analyse the standard of proof and burden of proof in civil and criminal cases, and specify types of presumptions |
Performance Criteria: |
2.1 Specify the standard of proof in civil and criminal cases |
Element: |
3.Analyse and apply the rule relating to relevance of evidence |
Performance Criteria: |
3.1 Analyse the concept of relevance of evidence in relation to facts in issue and credit |
Element: |
4.Analyse and evaluate the rules governing examination of evidence in the conduct of a civil or criminal trial |
Performance Criteria: |
4.1 Evaluate and discuss the rules in relation to examination in chief |
Element: |
5.Determine the rules relating to competence and compellability of witnesses |
Performance Criteria: |
5.1 Compare and contrast the terms competent and compellable and distinguish a competent witness from a compellable witness. |
Element: |
6.Analyse and apply statutory and common law rules which provide the basis for evidence to be excluded |
Performance Criteria: |
6.1 Review the rule against hearsay, including exceptions to the rule, in relation to: |
Element: |
7.Determine the circumstances under which a trial judge may give warnings to a jury |
Performance Criteria: |
7.1 Describe and evaluate the reasons why a warning may be given to a jury |
Element: |
8.Determine and evaluate the main considerations to be exercised by a legal practitioner when preparing a case for trial |
Performance Criteria: |
8.1 Determine the fundamentals in the preparation of a case |
Element: |
9.Explore and comply with the Victorian Uniform Evidence Act |
Performance Criteria: |
9.1 Research and document the history of the development of Uniform Evidence Legislation |
Learning Outcomes
Details of Learning Activities
Teaching Schedule
Week No. |
Date Week Begins |
Topic: |
Assessment tasks |
1 |
July 4 |
Introduction: What is the Law of Evidence |
|
2 |
July 11 |
Classification of Evidence |
|
3 |
July 18 |
Witnesses |
|
4 |
July 25 |
Relevance and Admissibility |
|
5 |
August 1 |
Hearsay |
|
6 |
August 8 |
Opinion Evidence |
Assessment Task 1: Mid Semester Test (40%) |
7 |
August 15 |
Credibility |
|
8 |
August 22 |
Tendency and Coincidence |
Distribute Assessment 2: Case Study Question (10%) |
MID-SEMESTER BREAK:- August 29 – September 2 inclusive | |||
9 |
September 5 |
Character |
|
10 |
September 12 |
Identification |
|
11 |
September 19 |
Privilege . |
|
12 |
September 26 |
Admissions; Absence of Evidence, Warnings |
|
13 |
October 3 |
Revision |
|
14 |
October 10 |
Final Test |
Assessment Task 3 – Open Book Final Test (50%)
|
15 |
October 17 |
Feedback and assessment review |
|
16 |
October 24 |
Feedback and assessment review |
|
Learning Resources
Prescribed Texts
J Gans and A Palmer, Uniform Evidence (Melbourne: Oxford University Press, 2010). |
References
Other Resources
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
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.
Assessment Tasks
Assessment Tasks
Assessment will be by means of:
Written Case Study 10%
Mid Semester Test (Open Book) 40%
Final Test (Open Book) 50%
TOTAL 100%
To be deemed competent in this course, students must satisfactorily complete all assessments.
Only after competency has been achieved, your assessment will be graded according to the following mark table:
Grade |
Mark |
CHD |
> = 80 |
CDI |
70 - 79 |
CC |
60 - 69 |
CAG |
50 - 59 |
Assessment Matrix
Course Overview: Access Course Overview