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 1 - 2019

Online

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
ISBN:
Binding: Paperback

Additional Textbook Information

Paper copies can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

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
Jodie O'Leary Unit Coordinator
j.oleary@cqu.edu.au
Schedule
Week 1 Begin Date: 11 Mar 2019

Module/Topic

Introduction: Nature and source of Evidence Law; Onus and standards of proof

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 1

Events and Submissions/Topic

Week 2 Begin Date: 18 Mar 2019

Module/Topic

Relevance and Admissibility: Presumptions; Judicial Notice and Judicial Discretion

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 2

Events and Submissions/Topic

Week 3 Begin Date: 25 Mar 2019

Module/Topic

Methods of Proof

Competence and Compellability

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapters 3-4

Events and Submissions/Topic

Week 4 Begin Date: 01 Apr 2019

Module/Topic

Oral Evidence

Privilege

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 5

Events and Submissions/Topic

Week 5 Begin Date: 08 Apr 2019

Module/Topic

Examination of Witnesses

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 6

Events and Submissions/Topic

Vacation Week Begin Date: 15 Apr 2019

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 22 Apr 2019

Module/Topic

The rule against hearsay

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 9

Events and Submissions/Topic

Week 7 Begin Date: 29 Apr 2019

Module/Topic

Exceptions to the Hearsay Rule (Common Law, Statutory, Res Gestae) 

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 10

Events and Submissions/Topic

Written Assignment Due: Week 7 Friday (3 May 2019) 11:45 pm AEST
Week 8 Begin Date: 06 May 2019

Module/Topic

Admissions and Confessions    

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapters 9 and 12

Events and Submissions/Topic

Week 9 Begin Date: 13 May 2019

Module/Topic

Documentary and Real Evidence

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 10

Events and Submissions/Topic

Week 10 Begin Date: 20 May 2019

Module/Topic

Circumstantial and Character Evidence

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapters 7 and 8

Events and Submissions/Topic

Experiential Written Assignment Due: Week 10 Friday (24 May 2019) 11:45 pm AEST
Week 11 Begin Date: 27 May 2019

Module/Topic

Opinion Evidence

Chapter

David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 11

Events and Submissions/Topic

Week 12 Begin Date: 03 Jun 2019

Module/Topic

Criminal Procedure and Evidence

Chapter


Events and Submissions/Topic

Review/Exam Week Begin Date: 10 Jun 2019

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 17 Jun 2019

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Written Assignment

Task Description

You will be assigned a research question (via an assignment instructions document that will be released in Moodle in Week 1). The question will require you to research and consider the principles of the law of evidence in analysis and response to the question. You will be required to submit a written response of 2000 words in a Word document uploaded via a Moodle link. 


Assessment Due Date

Week 7 Friday (3 May 2019) 11:45 pm AEST


Return Date to Students

Week 9 Friday (17 May 2019)

The assessment, with feedback, will be returned approximately two weeks after all students in this unit, including those with an approved extension, have submitted their assessment.


Weighting
30%

Assessment Criteria

You will be assessed according to the rubric provided with the assignment instructions. 

Particularly, you will be assessed on:

  • the comprehensiveness of your research and your ability to interpret the law of evidence; 
  • your ability to write accurately, clearly and concisely and to structure your response logically; 
  • your ability to identify and discuss ethical challenges with respect to privilege;
  • your ability to comprehend and critically analyse the material and present a well-supported, reasoned argument; and
  • your ability to reference correctly. 


Referencing Style

Submission
Online

Submission Instructions
You must submit the assignment online via Moodle.

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

You will be assigned a problem question (via an assignment instructions document that will be released in Moodle), which will require you to research the law of evidence and apply the law to the facts. You will be required to submit (in a Word document uploaded via a Moodle link) a written submission of 1500-2000 words for a pre-trial application related to the admissibility of evidence.


Assessment Due Date

Week 10 Friday (24 May 2019) 11:45 pm AEST


Return Date to Students

Week 12 Monday (3 June 2019)


Weighting
30%

Assessment Criteria

You will be assessed according to the rubric provided with the assignment instructions.

Particularly, you will be assessed on:

  • your ability to identify the correct issues and the correct rules of evidence in Queensland to be applied to the problem;
  • your ability to present an accurately, clearly and concisely written submission and to structure it logically;
  • your ability to comprehend the law, apply it to the facts, and present a well-supported, persuasive argument about the admissibility of the evidence; and
  • your ability to research (particularly case law and statutory sources) and reference correctly.


Referencing Style

Submission
Online

Submission Instructions
You must submit your assignment online via Moodle.

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?