This course covers important aspects of fact-finding and the adducing and admissibility of evidence in legal proceedings. The course is structured to meet the admission requirements for practice as a legal practitioner in the Australian States and Territories. Particular topics include:
investigation and organisation of factual material adducing evidence in court testimonial, real and documentary evidence examination, cross-examination and reexamination of witnesses burden and standard of proof relevance of evidence to facts in issue admissibility rules (e.g. credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions privileges judicial discretions and conduct of proceedings.
The course will be based on the Uniform Evidence Law, comprising the Evidence Act 1995 (Cth) along with counterpart legislation in New South Wales, Tasmania, Victoria, Norfolk Island, the Australian Capital Territory and the Northern Territory. The course also makes reference to law reform perspectives and other legislation.
The course is designed to be taken towards the end of the degree. The study of evidence is required for admission to legal practice.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
At the conclusion of this course students should be able to organise and marshal factual material needed to make evidentiary arguments simulate court room processes for adducing testimonial, documentary and real evidence make and support appropriate objections relating to the admissibility of evidence (eg credibility, hearsay, opinion, tendency and coincidence, identification and character evidence, and privileges) analyse and apply rules relating to the admissibility of evidence, burden and standard of proof and judicial discretions analyse and apply the law of evidence and evidentiary concepts, making use of rules, policy and case law authorities.
Other Information
The course is designed to be taken towards the end of the degree. The study of evidence is required for admission to legal practice.
Indicative Assessment
The assessment for this course will be by examination, class participation, and by mid-semester assignment (either course submission or moot argument).
The assessment regimes for the summer course and the full semester course may differ.
More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the WATTLE home page by the first week of semester.
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
The standard course in Semester 2 involves 3hours of lectures per week for 13 weeks plus 1tutorial per week for 10 weeks.
The Summer Semester version delivers the same number of lectures over a period of 3 to 4 weeks with 1 tutorial per week during this period.
Requisite and Incompatibility
Prescribed Texts
The most recent edition of the following text will be used in the course: S Odgers, Uniform Evidence Law, Thomson Reuters.
Preliminary Reading
None, but students will benefit from rereading cases with which they are already familiar from earlier law courses, such as Torts and Criminal Law and Procedure - though now focusing on the factual bases of these cases and considering how ‘the facts' are actually established in legal proceedings, rather than concentrating on the principles of substantive law which are applied to the facts to reach a decision. Some aspects of criminal investigation and trial procedures are also portrayed (though not always realistically in terms of accuracy and analysis) in various ‘real crime' literature and courtroom drama.
A reading guide will be available in the course outline.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Students continuing in their current program of study will have their tuition fees indexed annually from the year in which you commenced your program. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee | Description |
|---|---|---|
| 1994-2003 | $1626 | |
| 2014 | $2808 | |
| 2013 | $2808 | |
| 2012 | $2808 | |
| 2011 | $2778 | |
| 2010 | $2718 | |
| 2009 | $2670 | |
| 2008 | $2670 | |
| 2007 | $2670 | |
| 2006 | $2646 | |
| 2005 | $2298 | |
| 2004 | $1926 |
- International fee paying students
| Year | Fee |
|---|---|
| 1994-2003 | $2916 |
| 2014 | $3762 |
| 2013 | $3756 |
| 2012 | $3756 |
| 2011 | $3756 |
| 2010 | $3750 |
| 2009 | $3426 |
| 2008 | $3426 |
| 2007 | $3426 |
| 2006 | $3426 |
| 2005 | $3234 |
| 2004 | $2916 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Summer Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 1326 | 08 Jan 2014 | 08 Jan 2014 | 17 Jan 2014 | 07 Feb 2014 | In Person | N/A |
Second Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 6937 | 21 Jul 2014 | 01 Aug 2014 | 31 Aug 2014 | 30 Oct 2014 | In Person | N/A |
