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LAWS13010 - Evidence and Proof

General Information

Unit Synopsis

This unit is concerned with issues of evidence and proof. The topics covered in the unit include sources and acceptability of evidence. This requires students to access Evidence Acts to understand the technical rules covering evidentiary matters such as hearsay, admissions and confessions, res gestae and evidence obtained by illegal means.

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-requisites:

LAWS11057 Introduction to Law

LAWS11059 Statutory Interpretation

LAWS11060 Criminal Law Practice and Procedure

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 2 - 2016

Term 1 - 2017 Profile
Distance
Term 3 - 2017 Profile
Distance
Term 1 - 2018 Profile
Distance
Term 3 - 2018 Profile
Distance
Term 1 - 2019 Profile
Online
Term 3 - 2019 Profile
Online
Term 1 - 2020 Profile
Online
Term 3 - 2020 Profile
Online
Term 1 - 2021 Profile
Online
Term 3 - 2021 Profile
Online
Term 1 - 2022 Profile
Online
Term 3 - 2022 Profile
Online
Term 1 - 2023 Profile
Online
Term 3 - 2023 Profile
Online
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. Written Assessment 30%
2. Written Assessment 30%
3. Examination 40%

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. Interpret and apply common law and statutory rules of evidence in the Queensland and Commonwealth jurisdiction, 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 realistic legal problems.
  5. Use creative and analytical thinking skills to identify appropriate evidence to support legal propositions in a trial setting.

LAWS13010 Evidence and Proof meets the Priestley 11 requirement for Evidence.

Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment
2 - Written Assessment
3 - Examination
Alignment of Graduate Attributes to Learning Outcomes
Introductory Level
Intermediate Level
Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
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
1 - Written Assessment
2 - Written Assessment
3 - Examination