LAW4323 Evidence
Faculty of Law
LAW4323 Evidence is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law, offered in 2020 in Semester 1 and Semester 2 at Clayton. It has no prerequisites.
- Credit points
- 6
- Offered in 2020
- Semester 1, Semester 2
- Clayton
- Assessment
- Exam 60%
- and 3 other tasks
- Workload
- 144 hours
- per semester
This is the 2020 handbook entry. See the 2027 entry.
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Requisites
Before LAW4323
No prerequisites or corequisites besides the enrolment rules below.
After LAW4323
No unit lists LAW4323 as a prerequisite in the 2020 handbook.
Enrolment rules
Prerequisite: For students who commenced their LLB (Hons) course in 2015 or later: LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302
Overview
This unit involves a critical examination of the general principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials. It draws upon theoretical perspectives including reliability, libertarian and disciplinary principles, as well as discussion of law reform. Rules and principles governing the proof of facts in civil and criminal trials to be covered include competence and compellability, privilege, examination of witnesses, credibility and character, tendency and coincidence, hearsay and exceptions to the hearsay rule, the right to silence, admissions, illegally obtained evidence and opinion evidence.
Offerings in 2020
| Teaching period | Campus | Mode |
|---|---|---|
| First semester | Clayton | On campus |
| Second semester | Clayton | On campus |
Assessment
- Tutorial ParticipationParticipation10%
- Written SubmissionAssignment20%
- Oral presentationPresentation10%
- Final ExaminationExam60%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Critically evaluate the purpose and scope of evidentiary principles in ensuring the conduct of fair trials in the civil and criminal justice systems, drawing upon broader theoretical and comparative perspectives;
- 2
Engage in critical analysis and use professional judgement to make reasoned and appropriate choices among alternative interpretations, arguments and actions;
- 3
Research, interpret and apply evidentiary principles to generate appropriate responses to problem scenarios and legal issues in trial practice;
- 4
Recognise the professional responsibilities of lawyers to promote justice and reflect upon ethical issues arising in trial practice;
- 5
Collaborate and communicate effectively and persuasively in professional formats appropriate to trial practice;
- 6
Learn and work with a high degree of autonomy, accountability and professionalism; and
- 7
Reflect on and assess their own capabilities and performance, and make use of feedback to support personal and professional development.
Workload and teaching
- Tutorials6 hours
- Lectures36 hours
- Teaching approachActive learning
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Contacts
- Chief Examiners
- Professor Jonathan Clough
- Dr Fiona Hum
Common questions
What are the prerequisites for LAW4323?
LAW4323 has no prerequisites, but enrolment rules apply.
When is LAW4323 offered?
In 2020, LAW4323 runs in Semester 1 and Semester 2 at Clayton.
How much work is LAW4323?
The handbook expects about 144 hours of study across the semester. No students have rated its difficulty yet.
Does LAW4323 have an exam?
Yes. The exam is worth 60% of the final mark, alongside 3 other tasks.