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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 units including LAWS11057.
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 - 2025
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 Unit Coordinator
Scaffolding of assessment items
Empower students by improving the scaffolding of each assessment item leading up to the exam.
Feedback from SUTE
Include more contemporary content
Include more examples of contemporary content in the learning resources and in the live zoom sessions.
- 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 - Examination - 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.
k.viglianti@cqu.edu.au
Module/Topic
Introduction: Nature and Sources of Evidence law
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 are required to complete a series of online multiple-choice questions. Students may be quizzed on any topics covered in Weeks 1 to 4.
The quiz will be made available at 9:00 am on Wednesday, 9 April 2025. You must submit your answers to the quiz by 5:00 pm on Friday, 11 April 2025. Please note that the quiz is only open for 60 minutes once you commence it (e.g. if you commence at 9.00am on Wednesday, you must submit by 10.00am on Wednesday).
You must complete the quiz by submitting your answers to all questions online (via the Moodle subject page). You have one attempt to complete and submit your answers. You must therefore submit your answers online in one sitting (you cannot save your answers and return to them or amend them at a later date).
You will have 60 minutes to submit your answers online once you commence the quiz.
As noted, you must complete your submission online by 5:00 pm on Friday, 11 April 2025. Note that all answers must be submitted by this time.
Open attempts will be submitted automatically when the time limit (60 minutes) expires and/or when the due date/time is reached.
If you experience technical difficulties with the quiz, please contact the Unit Coordinator immediately by email.
The quiz results will only be released once all submissions are in.
1
Other
Week 5 Friday (11 Apr 2025) 5:00 pm AEST
Confirmation of exact date and time will be available via the Moodle subject page at the commencement of semester.
Week 6 Monday (21 Apr 2025)
Results will be released online via Moodle
There will be one correct answer from a series of choices in the multiple choice.
- 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 be an advocacy-based assessment. It will focus on the following Unit Learning Outcomes in the Unit Outline: 1, 2, 3 and 4. The task will be based on a problem question and will require students to research and present an argument to the examiner, modelling a real life scenario of an application a legal practitioner would be required to make to a judge or tribunal on behalf of their client.
Week 8 Friday (9 May 2025) 11:59 pm AEST
Submitted online via Moodle
Week 11 Monday (26 May 2025)
Returned online via Moodle
The assessment will adopt the relevant CQU policies on Assessment of Grades for subjects via Coursework. This includes the relevant grading scales in the Grades Assessment Policy.
This assessment will assess your ability to:
- advocate for your client's legal position;
- create legal arguments in accordance with the purpose, context and needs of the audience;
- apply the principles of plain English drafting and drafting conventions when drafting legal documents;
- present persuasive arguments in a logical manner;
- present factual information in a concise and comprehensive manner
- present your argument in accordance with applicable rules of procedure and practice directions;
- communicate effectively with your audience; and
- reference in accordance with AGLC 4.
More details of the assessment, including the grading rubric, will be posted on the Moodle subject page for the assessment.
- 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.
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?
