CQUniversity Unit Profile
LAWS13010 Evidence and Proof
Evidence and Proof
All details in this unit profile for LAWS13010 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

LAWS13010 Evidence and Proof examines the major features of evidence law and procedure, both statutory and common law, and the major sources of judicial interpretation relevant to a general study of the role, sources and foundation of the law of evidence and a trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof. Specific topics include: The relevant sources of the law of evidence and procedure; fair trials, proof and adversarialism, including principles underpinning accusatorial justice; Evidentiary issues to be addressed before trial: disclosure, notices and requests; forms of evidence; evidentiary principles and rules, and exceptions to the rules; the bases for privilege including legal professional and client privilege; judicial warnings, comment and directions; and mandatory and discretionary exclusions and the limitations on evidence. This unit meets the LPAB requirements for evidence. This unit also carries content to support Criminal Procedure.

Details

Career Level: Undergraduate
Unit Level: Level 3
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Pre-requisites: LAWS11057 Introduction to Law LAWS11059 Statutory Interpretation LAWS11060 Criminal Law

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 3 - 2018

Distance

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 30%
2. Written Assessment
Weighting: 30%
3. Examination
Weighting: 40%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from John Milburn

Feedback

The unit materials are of high quality but require a comprehensive overview to reflect recent developments in case law and legislation. Specifically, the materials need to reflect the current law of evidence in the federal criminal law jurisdiction.

Recommendation

Undertake a comprehensive overview of the study guides and online resources in this unit.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Interpret and apply common law and statutory rules of evidence in the Queensland and Commonwealth jurisdictions, including indigenous perspectives
  2. Identify and discuss ethical challenges in the application of Evidence Law, particularly in relation to cross-examination technique, and the use of privilege
  3. Critically analyse a body of evidence and discuss its admissibility and probative value
  4. Research and present relevant cases and statutory sources, to utilise evidence law and its authoritative interpretation to respond to authentic legal problems
  5. Use creative and analytical thinking skills to identify appropriate evidence to support legal propositions in a trial setting.


Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment - 30%
2 - Written Assessment - 30%
3 - Examination - 40%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 30%
2 - Written Assessment - 30%
3 - Examination - 40%
Textbooks and Resources

Textbooks

Prescribed

Queensland Evidence Law 4th (2017)

Authors: David Field
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409345629
Binding: Paperback
Supplementary

Evidence Laws in Qld, SA and WA 1st (2017)

Authors: Andrew Hemming and Robyn Layton
Thomson Reuters (Professional) Australia Limited
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455237862
Binding: Paperback

Additional Textbook Information

The textbook by Hemming and Layton is highly recommended, but not essential.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • ZOOM
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
John Milburn Unit Coordinator
j.a.milburn@cqu.edu.au
Schedule
Week 1 Principles of Evidence 05/11/2018 Begin Date: 05 Nov 2018

Module/Topic

Principles of Evidence

Chapter

Field chapter 1

Events and Submissions/Topic

Week 2 Relevance and Admissibility 12/11/2018 Begin Date: 12 Nov 2018

Module/Topic

Relevance and Admissibility

Chapter

Field chapter 1

Events and Submissions/Topic

Week 3 Methods of Proof 19/11/2018 Begin Date: 19 Nov 2018

Module/Topic

Methods of Proof

Chapter

Field chapters 2 and 3

Events and Submissions/Topic

Week 4 Oral Evidence 26/11/2018 Begin Date: 26 Nov 2018

Module/Topic

Oral Evidence

Chapter

Field chapters 4, 5 and 6

Events and Submissions/Topic

Vacation Week Begin Date: 03 Dec 2018

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Examination of Witnesses 10/12/2018 Begin Date: 10 Dec 2018

Module/Topic

Examination of Witnesses

Chapter

Field chapters 6 and 8

Events and Submissions/Topic

Week 6 Documentary and Real Evidence 17/12/2018 Begin Date: 17 Dec 2018

Module/Topic

Documentary and Real Evidence

Chapter

Field chapter 10

Events and Submissions/Topic

Oral evidence assignment Due: Week 6 Thursday (20 Dec 2018) 11:45 pm AEST
Week 7 Hearsay 31/12/18 Begin Date: 31 Dec 2018

Module/Topic

Hearsay

Chapter

Field chapter 9

Events and Submissions/Topic

Week 8 Admissions and Confessions 07/01/2019 Begin Date: 07 Jan 2019

Module/Topic

Admissions and Confessions

Chapter

Field chapters 9 and 12

Events and Submissions/Topic

Week 9 Other exceptions to the Hearsay Rule 14/01/2019 Begin Date: 14 Jan 2019

Module/Topic

Other exceptions to the Hearsay Rule

Chapter

Field chapter 9

Events and Submissions/Topic

Week 10 Circumstantial Evidence 21/01/2019 Begin Date: 21 Jan 2019

Module/Topic

Circumstantial Evidence

Chapter

Field chapters 7 and 8

Events and Submissions/Topic

Experiential Written Assignment Due: Week 10 Thursday (24 Jan 2019) 11:45 pm AEST
Week 11 Opinion Evidence 28/01/2019 Begin Date: 28 Jan 2019

Module/Topic

Opinion Evidence

Chapter

Field chapters 11 and 12

Events and Submissions/Topic

Week 12 Criminal Procedure and Evidence 04/02/2019 Begin Date: 04 Feb 2019

Module/Topic

Criminal Procedure and Evidence

Chapter

No prescribed reading this week

Events and Submissions/Topic

Exam Week Begin Date: 11 Feb 2019

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Oral evidence assignment

Task Description

Students will be required to form groups of two, and to make a 30-minute appointment with the lecturer by Zoom, at a convenient time in week 5 or 6. One student will be the prosecutor and one student will be the defence counsel, in relation to a witness. Each student is to develop between ten and twenty questions to put to that witness, following the rules of evidence.


Assessment Due Date

Week 6 Thursday (20 Dec 2018) 11:45 pm AEST

The online assessment is completed with a fellow student and the unit coordinator in a live session. We will find a mutually suitable time.


Return Date to Students

Week 7 Saturday (31 Dec 2022)

I will provide oral feeback at the completion of the live session.


Weighting
30%

Assessment Criteria

I assess students on their ability to demonstrate advocacy and writing skills, to comprehend the material and to provide a clear demonstration of the law. Students are required to communicate in a clear and logical manner. I expect you to present your advocacy and paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your written work. Upload your work in a Word document (not PDF).

Learning Outcomes Assessed
  • Interpret and apply common law and statutory rules of evidence in the Queensland and Commonwealth jurisdictions, including indigenous perspectives
  • Identify and discuss ethical challenges in the application of Evidence Law, particularly in relation to cross-examination technique, and the use of privilege
  • Critically analyse a body of evidence and discuss its admissibility and probative value
  • Research and present relevant cases and statutory sources, to utilise evidence law and its authoritative interpretation to respond to authentic legal problems
  • Use creative and analytical thinking skills to identify appropriate evidence to support legal propositions in a trial setting.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy

2 Written Assessment

Assessment Title
Experiential Written Assignment

Task Description

In this assessment, you will view a classic movie. You complete either Part A, which is based on the 1957 movie ‘Witness for the Prosecution’, OR Part B, which is based on the 1957 movie ‘12 Angry Men’. To complete this assignment, you will need to obtain a copy of either movie. You may find it difficult to source the movie Witness for the Prosecution. You should have no difficulty in sourcing the movie 12 Angry Men.


Assessment Due Date

Week 10 Thursday (24 Jan 2019) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 2 February 2019 at 11:45 PM.


Return Date to Students

Week 12 Monday (4 Feb 2019)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).


Weighting
30%

Assessment Criteria

I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly and logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

Learning Outcomes Assessed
  • Interpret and apply common law and statutory rules of evidence in the Queensland and Commonwealth jurisdictions, including indigenous perspectives
  • Identify and discuss ethical challenges in the application of Evidence Law, particularly in relation to cross-examination technique, and the use of privilege
  • Critically analyse a body of evidence and discuss its admissibility and probative value
  • Research and present relevant cases and statutory sources, to utilise evidence law and its authoritative interpretation to respond to authentic legal problems
  • Use creative and analytical thinking skills to identify appropriate evidence to support legal propositions in a trial setting.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
40%

Length
120 minutes

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
Open Book
Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?