CQUniversity Unit Profile
LAWS13010 Evidence and Proof
Evidence and Proof
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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-requisite: 48 credit point of 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 - 2021

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: 20%
2. Written Assessment
Weighting: 20%
3. Take Home Exam
Weighting: 60%

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 Unit evaluation data

Feedback

Students were generally pleased with the timely release of results and comments were made for more notice in relation to final assessment task/take home paper

Recommendation

Efforts should be made to always release assessment results for the first and second assessment tasks within 2 weeks of the deadline and students should be well informed of when assessment results would be available from the outset. Students should also be encouraged to actively participate in the Zoom Workshop sessions.

Feedback from Email

Feedback

Lecture recording for students requiring hearing aid.

Recommendation

There was a student who complained about audio quality of recording and identified this as an issue in a few of the units he was taking. All recordings from Term 3 will be accompanied by transcripts to enhance students' accessibility.

Feedback from Unit evaluation

Feedback

There was a suggestion for more application to real life situations

Recommendation

The course is already substantially designed to reflect a wide range of real life circumstances of relevance to Evidence Law. There is however room for improvement in this area. Given the very practical oriented nature of the course, future iterations of the course will tilt more towards practical application, real life scenarios and practice-oriented assessments.

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


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
1 - Written Assessment - 20%
2 - Written Assessment - 20%
3 - Take Home Exam - 60%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
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 - 20%
2 - Written Assessment - 20%
3 - Take Home Exam - 60%
Textbooks and Resources

Textbooks

Prescribed

Queensland Evidence Law 5th Edition (2020)

Authors: David Field
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409350401
Binding: Paperback

IT Resources

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

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Olasupo Owoeye Unit Coordinator
o.owoeye@cqu.edu.au
Schedule
Week 1 Begin Date: 08 Nov 2021

Module/Topic

Introduction: Nature and source of evidence law

Onus and Standards of Proof

Chapter

 David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapter 1 

Events and Submissions/Topic

Week 2 Begin Date: 15 Nov 2021

Module/Topic

Relevance and Admissibility

Presumptions

Judicial Notice

Judicial Discretion

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapters 1 & 2. 

Events and Submissions/Topic

Week 3 Begin Date: 22 Nov 2021

Module/Topic

Methods of Proof

Competence and Compellability

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapters 3, 4 & 5 

Events and Submissions/Topic

Week 4 Begin Date: 29 Nov 2021

Module/Topic

Oral Evidence

Privilege

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapters 5 & 6 

Events and Submissions/Topic

Written Assessment Due: Week 4 Friday (3 Dec 2021) 11:45 pm AEST
Vacation Week Begin Date: 06 Dec 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 13 Dec 2021

Module/Topic

Examination of Witnesses

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapter 6

Events and Submissions/Topic

Week 6 Begin Date: 20 Dec 2021

Module/Topic

The Rule against Hearsay

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapter 9 

Events and Submissions/Topic

Experiential Written Assessment Due: Week 6 Friday (24 Dec 2021) 11:45 pm AEST
Vacation Week Begin Date: 27 Dec 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 7 Begin Date: 03 Jan 2022

Module/Topic

Exceptions to the Hearsay Rule

(Common Law, Statutory, Res Gestae)

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapters 9 & 10 

Events and Submissions/Topic

Week 8 Begin Date: 10 Jan 2022

Module/Topic

Admissions and Confessions

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapter 12 

Events and Submissions/Topic

Week 9 Begin Date: 17 Jan 2022

Module/Topic

Documentary and Real Evidence

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapter 3 

Events and Submissions/Topic

Week 10 Begin Date: 24 Jan 2022

Module/Topic

Circumstantial and Character Evidence

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapters 3 & 8. 

Events and Submissions/Topic

Week 11 Begin Date: 31 Jan 2022

Module/Topic

Opinion Evidence

Chapter

David Field, Queensland Evidence Law (2020, 5th edn, LexisNexis Butterworths), Chapter 11 

Events and Submissions/Topic

Week 12 Begin Date: 07 Feb 2022

Module/Topic

Criminal procedure and Evidence

Chapter

Refer to Week 12 Study Guide

Events and Submissions/Topic

Exam Week Begin Date: 14 Feb 2022

Module/Topic

Take Home Examination

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Written Assessment

Task Description

This assessment will be an essay designed to test students' knowledge of the course based on topics covered in the first 2 weeks of the term. The word count should not exceed 1500 words.


Assessment Due Date

Week 4 Friday (3 Dec 2021) 11:45 pm AEST


Return Date to Students

Week 5 Friday (17 Dec 2021)


Weighting
20%

Assessment Criteria

Mark General Criteria
85%+ Excellent writing style – concise, clear and well-organised. Appropriate structure – including strong introduction, logically constructed body and conclusion. Clearly identifies scope of topic. Displays very high-level understanding and analysis of the law of evidence as it applies to all of the issues raised in the question. Presents a compelling reasoned argument supported with strong authority and sophisticated engagement with the literature. Very few or no spelling or grammatical errors. Very few or no errors in referencing style. Displays excellent research skills.
75-84.5% Very good writing style, with only a few expression issues. The assignment is logical and structured. Keeps to task after identifying the topic clearly and accurately. Displays high level of understanding and analysis of the law of evidence as it applies to most of the issues raised in the question. Presents a reasoned argument, largely supported by good authority and sophisticated engagement with the literature. Few spelling and grammatical errors and few errors in referencing style. Displays very good research skills.
65-74.5% Good writing style. May be some grammar and spelling errors and/or some errors in referencing. Defines topic adequately. Does not include much in the way of extraneous material. Demonstrates a good understanding and analysis of the law of evidence as it applies to some of the issues raised in the question but at times addresses them superficially or gives them inappropriate weight. Some gaps in reasoning, but largely supported by good authority and good engagement with the literature. Displays good research skills.
50-64.5% Generally adequate writing style. Some grammar and spelling errors and/or some errors in referencing. Attempt to define topic but sometimes fails to keep to task. Inclusion of extraneous unnecessary material. Demonstrates an adequate understanding and analysis of the law of evidence as it applies to some of the issues raised in the question. At times the analysis is incorrect, and although there may be adequate engagement with the literature there are gaps in reasoning and at times the issues identified need to be addressed in more depth. Largely descriptive with little analysis. Too much reliance on secondary sources. Displays adequate research skills.
<50% Poor writing style, poorly organised and difficult to understand manner of expression. Long convoluted sentence structure, numerous grammar and spelling errors. Numerous errors in referencing. Inadequately defines topic. The assignment may be significantly shorter than required length. Displays fundamental flaws in understanding of the law of evidence. Displays misunderstanding of the issues raised in the question and engages superficially (eg. By only repeating material from study guide/lecture material). Research skills require improvement. Inadequate research demonstrated, insufficient or incorrect authority – either due to lack of authority or reliance on inappropriate authorities. Largely descriptive effort with very little analysis and inadequate engagement with the literature.


Referencing Style

Submission
Online

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


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Cross Cultural Competence

2 Written Assessment

Assessment Title
Experiential Written Assessment

Task Description

This task will test students' knowledge of topics covered in Weeks 3 to 6 and it will be made up of hypothetical problem-based questions. The word count should be no more than 2000 words.


Assessment Due Date

Week 6 Friday (24 Dec 2021) 11:45 pm AEST


Return Date to Students

Week 8 Friday (14 Jan 2022)


Weighting
20%

Assessment Criteria

Mark General Criteria
85%+ Excellent writing style – concise, clear, logical and well-organised. You have identified all the correct issues, demonstrated an exceptional understanding of the relevant law (and always support your accurate statements of law with the most appropriate authority); applied the law to the facts in a manner that is outstandingly thorough, precise, and focused; arguing with clarity; and including in your answer an insightful analysis of the more difficult or obscure aspects of the problem. Very few or no spelling or grammatical errors. Very few or no errors in referencing style. Displays excellent research skills.
75-84.5% Very good writing style, with only a few expression issues. You have identified the correct issues frequently, have explained the relevant law thoroughly and precisely (frequently supporting your statements of law with the most appropriate authority); applied the law to the facts of the problem in a way that demonstrates an ability to very competently use the law to solve problems; and made a clear argument. The assignment is logical and structured. Few spelling and grammatical errors and few errors in referencing style. Displays very good research skills.
65-74.5% Good writing style. You have identified most of the correct issues, have explained the relevant law thoroughly and precisely (usually supporting your statements of law with the most appropriate authority); applied the law to the facts of the problem in a way that demonstrates an ability to competently use the law to solve problems; and made an appropriate argument. May be some grammar and spelling errors and/or some errors in referencing. Displays good research skills.
50-64.5% Generally adequate writing style. Some grammar and spelling errors and/or some errors in referencing. You have identified the main issues, but at times you have dealt with irrelevant issues or expressed them inaccurately or unclearly or in insufficient depth; you have explained the main relevant laws (usually supported by relevant, but not necessarily the most appropriate authority); made a satisfactory attempt to apply the law to the facts of the problem (but sometimes inconsistently); and made a competent argument. Displays adequate research skills.
<50% Poor writing style, poorly organised and difficult to understand manner of expression. Long convoluted sentence structure, numerous grammar and spelling errors. Numerous errors in referencing. The assignment may be significantly shorter than required length. You missed the main issues and have explained the relevant law in a way that is completely or partially incorrect; you may have misunderstood the facts or failed to satisfactorily apply the law to the facts of the problem; and/or presented an unjustified, illogical, inappropriate or impractical conclusion. Research skills require improvement.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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


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

3 Take Home Exam

Assessment Title
Take Home Paper

Task Description

The final assessment will evaluate student's general knowledge of the law of evidence through mostly hypothetical problem questions.

• Submissions after the deadline has passed will not be accepted.
• Failure to submit by the deadline will automatically result in a mark of zero for this assessment as the paper will not be marked.
• Extensions are not available for this take home paper.


Assessment Due Date

To be advised


Return Date to Students

Weighting
60%

Assessment Criteria

This assessment will be assessed according to the following criteria: quality of the statement of the legal issue(s) (10%), and rules/legal principles (30%); correct and thorough analysis and application of the rules and legal principles to the legal issue(s) (40%); well thought-out conclusion (10%), and quality of the language usage and observance of proper structure, format, and instructions (10%).


Referencing Style

Submission

No submission method provided.


Submission Instructions
It is very important to note that extensions and late submissions will not be accepted for this assessment. Late submissions will receive a mark of zero.

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


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking

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?