LAW4323 Evidence
Faculty of Law
LAW4323 Evidence is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law, offered in 2023 in Semester 1 and Semester 2 at Clayton. It has no prerequisites and unlocks 1 unit, leading on to 3 units in all.
- Credit points
- 6
- Offered in 2023
- Semester 1, Semester 2
- Clayton
- Assessment
- Exam 60%
- and 2 other tasks
- Workload
- 144 hours
- per semester
This is the 2023 handbook entry. See the 2027 entry.
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Requisites
Before LAW4323
Corequisites
Pass these before, or take them in the same semester.
After LAW4323
1 unit list LAW4323 as a prerequisite or corequisite.
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 2023
| Teaching period | Campus | Mode |
|---|---|---|
| First semester | Clayton | On campus |
| Second semester | Clayton | On campus |
Assessment
- Written SubmissionAssignment30%
- Oral presentationPresentation10%
- Final examExam60%
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
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
- Seminars36 hours
- Tutorials6 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
- Dr Fiona Hum
- Professor Jonathan Clough
- Reiko Okazaki
Common questions
What are the prerequisites for LAW4323?
None, but you must take LAW4332 before or alongside it.
What can I take after LAW4323?
LAW4323 is a prerequisite or corequisite for 1 unit, including LAW4805. Those lead on to 3 units in all.
When is LAW4323 offered?
In 2023, 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 2 other tasks.