Fundamentals of Evidence Law
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Upon completion of this subject, students will be able to:
- develop a broad understanding of the legal principles that apply to adducing evidence in court proceedings;
- use critical thinking and professional judgement in identifying and applying the fundamental rules of evidence and standards of admissibility, in solving problems associated with civil and criminal matters; and
- use initiative and professional judgement to analyse the relevant statutes and cases dealing with the rules of evidence to formulate persuasive legal arguments and solutions to fact based problems.
- 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:
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)
Candidature in the Diploma in Paralegal Studies or the Bachelor of Legal Studies. To enrol in this subject you will need to pass the prerequisites. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not receive a satisfactory result for these subjects.
- Equipment requirements - 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).
- Software requirements - 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
- Other requirements -
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.
'Evidence is the basis of justice: exclude evidence and you exclude justice' - Jeremy Bentham. This subject is designed to introduce students to the fundamental principles of the law of evidence as applied in the criminal and civil legal jurisdictions in NSW. By reference to appropriate legislation and case law, the unit considers such principles as relevance, credibility, tendendency and coincidence evidence, and the exceptions to the hearsay rule.The subject will also examine the so-called 'right to silence' that is, the inferences that a jury may draw from the failure of an accused in a criminal trial, or either parties in civil litigation, to give or lead evidence.
Assignment 1: 1500 words. Relates to Learning Outcomes 1, 2, 3 Take Home Exam: 2000 words. Relates to Learning Outcomes 1, 2, 3
- Assignment 1 (40%)
- Take Home Examination (60%)