LAWS13010 - Evidence and Proof

General Information

Unit Synopsis

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

Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band SCA Band 4
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).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 1 - 2024

Term 1 - 2024 Profile
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).

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.

Assessment Tasks

Assessment Task Weighting
1. Online Quiz(zes) 20%
2. Written Assessment 30%
3. Take Home Exam 50%

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

Past Exams

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Previous Feedback

Term 1 - 2023 : The overall satisfaction for students in the last offering of this course was 78.57% (`Agree` and `Strongly Agree` responses), based on a 34.15% response rate.

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.

Source: SUTE Teacher Evaluation Report
Feedback
Dr Owoeye allows students to put forward their answer regardless of how far off the mark they are, then explains in detail at what stage the student veered away from the answer, then explains why that legislation is incorrect, then bring it to the correct answer, once again explaining why.
Recommendation
Excellent students engagement should be maintained during workshop sessions and via Moodle.
Action Taken
This action was taken
Source: SUTE Evaluation Report
Feedback
The only feedback I have is when recording lecture videos, it would be helpful for those who can only listen to the audio and not watch the video if the lecturer could read out the workshop questions and the possible answers. I noticed that when I would listen to it in the car, the question would be verbalised but the potential answers wouldn't be said so it was hard to follow along. Other than that, this was a fantastic unit. Thank you.
Recommendation
Steps should be taken to clearly verbalise all questions and their answers during workshop session for the benefit of those listening to the audio.
Action Taken
This action was taken
Source: UC
Feedback
Incorporate more practical examples in the unit content
Recommendation
In the live zoom sessions more discussion of the practical application of evidence law from the media and the profession will be referred to.
Action Taken
Nil.
Source: UC
Feedback
Incorporate more discussion on the ethical issues which may arise in practice.
Recommendation
The learning materials will highlight some of the ethical issues faced by solicitors and barristers in practice
Action Taken
Nil.
Unit learning Outcomes

On successful completion of this unit, you will be able to:

  1. Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
  2. Conduct research, critically analyse sources and compare evidence law from multiple sources.
  3. Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
  4. 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) • • • •
2 - Written Assessment • • • •
3 - Take Home Exam • •
Alignment of Graduate Attributes to Learning Outcomes
• Introductory Level
• Intermediate Level
• Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication • • • •
2 - Problem Solving • •
3 - Critical Thinking • • •
4 - Information Literacy •
7 - Cross Cultural Competence •
8 - Ethical practice •
10 - Aboriginal and Torres Strait Islander Cultures •
Alignment of Assessment Tasks to Graduate Attributes
• Introductory Level
• Intermediate Level
• Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10