LAWS13010 - Evidence and Proof

General Information

Unit Synopsis

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.

Details

Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band 3
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

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 3 - 2019

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

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 20%
2. Written Assessment 20%
3. Examination 60%

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 - 2019 : The overall satisfaction for students in the last offering of this course was 4.7 (on a 5 point Likert scale), based on a 30.95% 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: John Milburn
Feedback
The unit materials are of high quality but require a comprehensive overview to reflect recent developments in case law and legislation. Specifically, the materials need to reflect the current law of evidence in the federal criminal law jurisdiction.
Recommendation
Undertake a comprehensive overview of the study guides and online resources in this unit.
Action Taken
The unit materials are being progressively updated to reflect recent developments in case law and legislation. The focus is to remain on Queensland Evidence law, with some comparisons to the Uniform Evidence legislation.
Source: Unit Evaluation Comments
Feedback
Students appreciated the change in layout of study guides.
Recommendation
The study guide format, which has clear indicators of what to read/view/do and a weekly checklist of these items, be retained and substance continually updated.
Action Taken
Nil.
Source: Unit Evaluation Data
Feedback
Students particularly rated the Moodle site highly for usability.
Recommendation
The Moodle site format be retained in the future.
Action Taken
Nil.
Source: Self-evaluation and student feedback
Feedback
Assessment items need to returned quicker.
Recommendation
The two written assignments are to be reduced in length and weight so that marking turnaround times are reduced. Further, more focus will be provided on the generic feedback document, with less need then for specific individual feedback and an option for students to ask for further individual feedback.
Action Taken
Nil.
Source: Previous unit evaluations
Feedback
The unit materials require overview to reflect changes in cases and legislation.
Recommendation
The unit materials continue to be progressively updated to reflect recent developments in case law and legislation.
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 jurisdictions, 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 authentic legal problems


Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4
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
1 - Communication
2 - Problem Solving
3 - Critical Thinking
7 - Cross Cultural Competence
8 - Ethical practice
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
1 - Written Assessment
2 - Written Assessment
3 - Examination