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
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
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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
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.
Undertake a comprehensive overview of the study guides and online resources in this unit.
- 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.
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 | |||||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 30% | ||||||||||
| 2 - Written Assessment - 30% | ||||||||||
| 3 - Examination - 40% | ||||||||||
Textbooks
Queensland Evidence Law
Edition: 4th (2017)
Authors: David Field
LexisNexis Butterworths
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
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- ZOOM
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
j.oleary@cqu.edu.au
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
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
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
Module/Topic
Oral Evidence
Privilege
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 5
Events and Submissions/Topic
Module/Topic
Examination of Witnesses
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 6
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
The rule against hearsay
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 9
Events and Submissions/Topic
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
Module/Topic
Admissions and Confessions
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapters 9 and 12
Events and Submissions/Topic
Module/Topic
Documentary and Real Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 10
Events and Submissions/Topic
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
Module/Topic
Opinion Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 4th edn, 2017) chapter 11
Events and Submissions/Topic
Module/Topic
Criminal Procedure and Evidence
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
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.
Week 7 Friday (3 May 2019) 11:45 pm AEST
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.
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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
2 Written Assessment
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.
Week 10 Friday (24 May 2019) 11:45 pm AEST
Week 12 Monday (3 June 2019)
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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
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?
