Course Title: Define and evaluate law of evidence

Part B: Course Detail

Teaching Period: Term2 2020

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: Callie Harvey

Course Contact Phone: +61 3 9925 5772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

John Sutherland

john.sutherland@rmit.edu.au 

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

1.2 Identify and describe the real, oral, direct, circumstantial, original, hearsay, primary, secondary, and, documentary types of evidence

1.3 Discuss the rationale behind the rules and court procedures dealing with evidence

1.4 Examine the no case to answer submission to court/s in relation to criminal cases, civil cases, and election in civil cases 

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

2.2 Specify the standard of proof applicable to determining the admissibility of evidence

2.3 Establish the importance of the burden of proof in civil and criminal cases

2.4 Determine and describe the specific elements, facts in issue and possible defences related to area/s of substantive law

2.5 Identify and debate the types of presumptions and their effects

2.6 Explain the phrase facts that do not have to be proved and analyse its application

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

3.2 Determine and apply the appropriate test/s of relevance of evidence

3.3 Identify and compare evidence that is directly relevant with that which is indirectly relevant

3.4 Examine and apply the rules for: relevance of evidence; provisional relevance of evidence, and, inferences to relevance of evidence

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

4.2 Analyse and discuss the rules of cross examination

4.3 Evaluate and apply the concept and rules of re-examination in relation to the purpose and restrictions on questions that may be asked

4.4 Identify the circumstances in which evidence is permitted to be used in rebuttal

4.5 Define and discuss the term, purpose, and procedure for Voir Dire 

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.

5.2 Determine those persons who may not be competent and compellable witnesses

5.3 Identify and discuss the privileges that may exempt a person from answering questions

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:

  • first-hand hearsay
  • business records
  • electronic communications
  • Aboriginal and Torres Strait
  • Islander traditional laws and customs
  • reputation
  • interlocutory proceedings

6.2 Review the rule excluding opinion evidence, including exceptions to the rule, in relation to:

  • evidence relevant for a purpose other than as opinion evidence
  • lay opinions
  • expert opinions – opinions based on specialised knowledge
  • Aboriginal and Torres Strait Islander traditional laws and customs

6.3 Review the rules of evidence relating to admissions with reference to:

  • exclusion of evidence of admissions
  • reliability of admissions by defendants
  • admissions made with authority
  • proof of admissions
  • evidence of silence

6.4 Determine admissibility of evidence of judgments and convictions.

6.5 Determine the admissibility of evidence relating to tendency and coincidence is determined 

6.6 Analyse the concept of credibility of a witness with reference to:

  • admissibility of evidence as to credibility
  • examination and cross-examination of witnesses
  • credibility of persons who are not witnesses
  • persons with specialised knowledge

6.7 Determine and assess the rules of evidence relating to the character of an accused person with reference to:

  • character in the context of the rules of evidence
  • relevance of character evidence
  • similar fact exception rule
  • evidence about character of the accused and co-accused
  • cross-examination of character of accused or co-accused

6.8 Determine and review the admissibility of identification evidence in a criminal trial

6.9 Analyse and assess the nature and context of privileges in relation to evidence

6.10 Review the nature of judicial discretion to exclude evidence, including and with reference to:

  • general discretion to limit or exclude
  • prejudicial evidence in criminal proceedings
  • improperly obtained evidence
  • cautioning of suspected offenders

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

7.2 Describe and discuss the effect of the Evidence Act 2008 on corroboration warnings

7.3 Identify and assess the circumstances under which a judge may still give a corroboration warning

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

8.2 Identify the important elements of collection, form and content, in the gathering of proof of evidence and assess for application

8.3 Identify the process in compelling the production of evidence and evaluate for application

8.4 Determine the processes for tendering types of evidence, such as: documents; photographs; maps and plans; real evidence, and views

8.5 Describe and discuss the purpose and content of opening and closing addresses 

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

9.2 Research and discuss the objectives and justification for the introduction of the Evidence Act 2008 (Vic)

9.3 Identify and describe the structure and provisions of the Evidence Act 2008 (Vic) and its relationship with the Evidence Act 1995 (Cth) and assess for application to practice

Learning Outcomes



 


Details of Learning Activities

This semester we will be learning remotely through Collaborate Ultra Sessions.

A range of learning activities are planned for this course including self-paced and discussion activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.

This course will be delivered via our existing learning management system, Canvas.  This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.

Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes.  These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.

This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.


Teaching Schedule

This course is comprised of one competency:

LAW5718 Define and Evaluate Law of Evidence

 

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

The Teaching Schedule for this course is as follows.

Please note that this schedule is subject to change. 

Course Schedule: Define and Evaluate Law of Evidence, Semester 2, 2020

Week commencing

Topic:

Assessment tasks

Week 1

July 6
  1. Introduction: What is the Law of Evidence
  2. Classification of Evidence

 

Week 2

July 13

Witnesses

  

Week 3

July 20

Assessment Task 1 due in class

Week 4

July 27

Relevance and Admissibility

 

Week 5

August 3

Hearsay Opinion Evidence

  

Week 6

August 10

Assessment Task 2A due in class

Week 7

August  17

Opinion Evidence

 

Week 8

August 24

 Credibility, Tendency and Coincidence  

Mid-Semester Break

Week 9

September 7

Character/ Identification

 

Week 10

September  14

Privilege

Assessment Task 2B due

Week 11

September  21

Competency and Compellability.

  

Week 12

September 28

Admissions; Absence of Evidence and Warnings

 

Week 13

October 5

 Preparation of a case for trial

 

Week 14

October 12

 Revision  

Week 15

October 19

Assessment Task 2C due in class

Week 16

October 26

Resubmissions

 

Week 17

November 2

Grade Entry

 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

 


Learning Resources

Prescribed Texts


References


Other Resources

Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.

The online learning materials listed include:

  • Course outlines
  • Power point Presentations
  • Supporting Reading material
  • Industry relevant articles
  • Activities.

 

Recommended Text

J Anderson and A Hopkins Uniform Evidence Law Guidebook, Oxford University Press, South Melbourne, 2018

Gans and Palmer. Uniform Evidence, Latest Edition, Oxford press. (Copies are available from The University of Melbourne Cooperative Bookshop, Gratten Street, Carlton.)


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

The assessments for this course have been designed to allow participants to apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

 

ASSESSMENT TASK 1:

Due: In-class during week commencing 20 July 2020 (Week 3)

The purpose of this assessment is to allow you to demonstrate knowledge and understanding of the applicable legislation to be able to comply with the Victorian Uniform Evidence Act.

 

ASSESSMENT TASK 2A:

Due: In-class during week commencing 10 August 2020 (Week 6)

The purpose of this assessment is to allow students to demonstrate their knowledge and understanding of the principles of law applicable to aspects of the law of evidence as it applies in Victoria and Australia.

 

ASSESSMENT TASK 2B:

Due: 11:59PM Sunday 20 September 2020 (Week 10)

The purpose of this assessment is to demonstrate an ability to apply appropriate test/s and rules for relevance of evidence according to the case studies provided and demonstrate knowledge of the standard and burden of proof in civil and criminal cases and specify types of presumptions.

 

ASSESSMENT  2C: Open-book online final assessment

Due: In-class during week commencing 19 October 2020 (Week 15)

The purpose of this assessment is to allow you to demonstrate your knowledge and understanding of the principles of law applicable to aspects of the law of evidence as it applies in Victoria and Australia.

 


Assessment Matrix

The assessment matrix that maps all the assessment is available on CANVAS.

Other Information

Submission Requirements

  • Ensure that you submit assessments on or before the due date.
  • Always retain a copy of your assessment tasks. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

 

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview