Evidence and Proof
Your upfront cost: $0
Online and other materials
Subjects may require attendance
- 26 Oct 2020
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Upon completion of this subject, students will be able to:
- demonstrate a broad and coherent understanding of the principles of court process and adducing evidence in court proceedings;
- use cognitive and creative skills to exercise critical thinking and professional judgement in identifying and applying the relevant and appropriate rules of evidence and standards of admissibility, in solving problems associated with civil and criminal matters;
- use initiative and professional judgement to critically analyse, synthesise, and evaluate the relevant statutes and cases dealing with the rules of evidence to formulate persuasive legal arguments and solutions to fact based problems; and
- use cognitive and communication skills to critically analyse, consolidate and synthesise knowledge of the processes of proof and fact finding in evaluating evidence.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
UNE-LAW100-Foundations of Law and UNE-LAW101-Law in Context and UNE-LAW102-Legal Professional Skills and UNE-LAW161-Criminal Law, or UNE-LAW162-Criminal Law and UNE-LAW171-Law of Contract I, or UNE-LAW172-Contract Law and UNE-LAW312-Criminal and Civil Procedure, or UNE-LAW162-Criminal Law and UNE-LAW131-Torts Law and UNE-LAW157-Alternative Dispute Resolution, or UNE-LAW164-Law and First Peoples of Australia, or UNE-LAW270-Interviewing for Advocacy, or UNE-LAW301-Succession ;
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
To enrol in this subject you will need to pass UNE-LAW100 and UNE-LAW101 and UNE-LAW102 and (UNE-LAW161 or UNE-LAW162) and (UNE-LAW171 or UNE-LAW172) and (UNE-LAW312 or UNE-LAW162) and UNE-LAW131 and (UNE-LAW157 or UNE-LAW164 or UNE-LAW270 or UNE-LAW301) subjects. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not receive a satisfactory result for UNE-LAW100 and UNE-LAW101 and UNE-LAW102 and (UNE-LAW161 or UNE-LAW162) and (UNE-LAW171 or UNE-LAW172) and (UNE-LAW312 or UNE-LAW162) and UNE-LAW131 and (UNE-LAW157 or UNE-LAW164 or UNE-LAW270 or UNE-LAW301). Students who have completed eight UNE-LAW-coded units may undertake this unit.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- TravelDetails - Travel may be required to attend the Final Examination for this subject.
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
The subject is concerned about the principles of fact-finding and proof in the context of the application of the rules of evidence. 'Evidence is the basis of justice: exclude evidence and you exclude justice' - Jeremy Bentham.
Written Assessment: 2000 words. Relates to Learning Outcomes (LOs) 1-4 Open Book Examination: 2 hrs 15 mins. Relates to Learning Outcomes (LOs) 1-4 There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. UNE manages supervised exams associated with your UNE subjects. Prior to census date, UNE releases exam timetables. They’ll email important exam information directly to your UNE email address.
- Written Assessment (40%%)
- Open Book Examination (60%%)
Australian Uniform Evidence Law
Hum, F., Jackman, B., Quirico, O., Urbas, G. and Werren, K.
Uniform Evidence Law; Commentary and Materials 6e
Kumar, M., Odgers, S. and Peden, E.