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.
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.
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 1 - 2022
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).
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.
This list is not an exhaustive list of all University policies.
The full list of University policies are available on the CQUniversity Policy site.
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
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
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
Lecture recording for students requiring hearing aid.
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
There was a suggestion for more application to real life situations
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:
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
Alignment of Learning Outcomes, Assessment and Graduate Attributes
Alignment of Assessment Tasks to Learning Outcomes
1 - Written Assessment - 20%
2 - Written Assessment - 20%
3 - Take Home Exam - 60%
Alignment of Graduate Attributes to Learning Outcomes
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