• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career Undergraduate
  • Course convener
    • Dr Anthony Hopkins
    • Dr Gregor Urbas
    • Ms Mary O'Brien
  • Mode of delivery In Person
  • Co-taught Course LAWS6207
  • Offered in Summer Session 2016
    Second Semester 2016
    See Future Offerings

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

By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:
1. Design, implement and review a plan for establishing each legal element of a given case to the required standard of proof with admissible evidence;
2. Plan and execute a witness examination that comports with evidentiary standards and that persuasively establishes a fact in issue in the case; anticipate and respond to evidentiary objections that may be raised during your examination;
3. Identify, articulate and assert appropriate evidentiary objections while listening to a witness examination, and respond appropriately to questions from the judge;
4. Draft and execute a witness examination for the introduction of a document or item of proof;
5. Identify, assert and support objections to items of proof, using appropriate evidentiary rules and tailoring objections to the facts at hand;
6. Identify and use a range of legally specific research principles, methods and tools to make a coherent and persuasive argument for the admission or exclusion of a specific item of evidence, incorporating factual information and legal standards drawn from both evidentiary rules and substantive law (such as criminal law or tort law);
7. Research, analyse and apply evidentiary standards to complex issues and present a persuasive written and oral argument for the admission or exclusion of the evidence;
8. Plan and execute an objective decision on the admissibility of evidence, incorporating evidentiary standards, substantive law, principles of statutory construction and policy considerations
.

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.

After 2016, Evidence will no longer be offered in Summer but only in semester 2 each year.

Indicative Assessment

The assessment for this course will be by examination, class participation, and by mid-semester assignment (either course submission or moot argument).

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

To enrol in this course you must be studying a program which includes a Bachelor of Laws. You must have completed or be completing five LAWS courses at 1000 level and have completed LAWS1203 Torts and LAWS1206 Criminal Law and Procedure.

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.

Indicative Reading List

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. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
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
Domestic fee paying students
Year Fee
2016 $3054
International fee paying students
Year Fee
2016 $4368
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

Summer Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery
1286 01 Dec 2015 18 Dec 2015 08 Jan 2016 31 Jan 2016 In Person

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery
7381 18 Jul 2016 29 Jul 2016 31 Aug 2016 28 Oct 2016 In Person

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions