Overview
Evidence and Proof examines the statutory and common law principles of the law of evidence and procedure and meets the LPAB requirements for ‘evidence’. This unit explores the concept of a fair trial; proof and adversarialism; evidentiary issues to be addressed prior to trial; evidentiary principles and rules and their exceptions; the bases for privilege; judicial warnings, comment and directions; mandatory and discretionary exclusions; and the limitations on evidence.
Details
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 - 2024
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 UC
Incorporate more practical examples in the unit content
In the live zoom sessions more discussion of the practical application of evidence law from the media and the profession will be referred to.
Feedback from UC
Incorporate more discussion on the ethical issues which may arise in practice.
The learning materials will highlight some of the ethical issues faced by solicitors and barristers in practice
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
- Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
- Critically reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, including issues relating to Aboriginal & Torres Strait Islander peoples.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Online Quiz(zes) - 20% | ||||
| 2 - Written Assessment - 30% | ||||
| 3 - Take Home Exam - 50% | ||||
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 | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Textbooks
Queensland Evidence Law
6th Edition (2022)
Authors: David Field, William van Caenegem and Clair Duffy
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409355338
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
v.lambropoulos@cqu.edu.au
Module/Topic
Introduction: Nature and sources of evidence law
Onus and Standards of Proof
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 1
Events and Submissions/Topic
Module/Topic
Relevance and Admissibility
Presumptions
Judicial Notice
Judicial Discretion
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 1 & 2.
Events and Submissions/Topic
Module/Topic
Methods of Proof
Competence and Compellability
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 3, 4 & 5
Events and Submissions/Topic
Module/Topic
Oral Evidence
Privilege
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 5 & 6
Events and Submissions/Topic
Module/Topic
Examination of Witnesses
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), 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, 5th ed, 2020), 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, 5th ed, 2020), Chapters 9 & 10
Events and Submissions/Topic
Module/Topic
Admissions and Confessions
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 12
Events and Submissions/Topic
Module/Topic
Documentary and Real Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 3
Events and Submissions/Topic
Module/Topic
Circumstantial and Character Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 3 & 8.
Events and Submissions/Topic
Module/Topic
Opinion Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 11
Events and Submissions/Topic
Module/Topic
Criminal procedure and Evidence
Chapter
Refer to Week 12 Study Guide
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Take Home Examination
Chapter
Events and Submissions/Topic
1 Online Quiz(zes)
Students will have 60 minutes to complete a series of online multiple-choice questions. Students may be quizzed on any topics covered in weeks 1 to 4.
1
Other
Week 4 Friday (29 Mar 2024) 11:59 pm AEST
Exact date and time TBA on moodle
Week 6 Friday (19 Apr 2024)
Results will be released online
There will be one correct answer from a series of choices. The style of question is modelled on the quizzes in the Study Guide.
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
- Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
- Critically reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, including issues relating to Aboriginal & Torres Strait Islander peoples.
2 Written Assessment
This task will test students' knowledge of topics covered from Weeks 1 - 6 and may be made up of hypothetical problem-based questions and some essay style questions.
The word count will be 1500 words.
Week 7 Friday (26 Apr 2024) 11:59 pm AEST
to be submitted online
Week 10 Monday (13 May 2024)
to be returned online
Students will demonstrate the following in written form through an application of the relevant evidence law principles:
1. Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios. Synthesise means to combine or bring together and evaluate means to appraise or assess. Students should be able to explain the relationship between the different legal evidentiary principles and then assess them by selecting the relevant legal principles which apply to a fact scenario.
2. Conduct research, critically analyse sources and compare evidence law from multiple sources. Students should be able to first locate the law (research) and then also be familiar and analyse the law from multiple sources including from legislation and case law.
3. Critically reflect upon ethical issues that may arise in the questions or problems.
4. Reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, with a focus upon relating to Aboriginal & Torres Strait Islander peoples.
84.5%+
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%
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.
64.5-74%
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.
49.5-64%
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.
Less than 49.5%
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.
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
- Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
- Critically reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, including issues relating to Aboriginal & Torres Strait Islander peoples.
3 Take Home Exam
Students will demonstrate the following in written form through an application of the relevant evidence law principles to problem fact scenarios:
1. Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios. Synthesise means to combine or bring together and evaluate means to appraise or assess. Students should be able to explain the relationship between the different legal evidentiary principles and then assess them by selecting the relevant legal principles which apply to a fact scenario.
2. Conduct research, critically analyse sources and compare evidence law from multiple sources. Students should be able to first locate the law (research) and then also be familiar and analyse the law from multiple sources including from legislation and case law.
Task Description
1. This unit has an invigilated take-home examination of 2.5 hours (150 minutes) duration. Students should consult the
Invigilated Take-home Examination Guidelines, College of Law, Criminology and Justice, available from the Laws Moodle
site.
2. A requirement of these guidelines is that students must obtain a student card for verification purposes
3. Students must also have access to a reliable and adequate internet connection, and a computer, tablet, or laptop
equipped with a working webcam, working microphone, Zoom installed and access to the unit Moodle site via an Internet
browser.
4. No extensions are permitted for invigilated take-home examinations.
5. Submissions after the deadline has passed will not be accepted and will receive a mark of zero.
6. Failure to attend the invigilated take-home examination will result in a mark of zero.
7. Exam conditions apply to all invigilated take-home examinations.
Exam date and time will be advised on Moodle
The result of the final assessment will not be released until certification of grades. Please ignore above dates
84.5%+
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%
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.
64.5-74%
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.
49.5-64%
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.
Less than 49.5%
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.
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
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?
