• Offered by ANU School of Legal Practice
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • David Richards
  • Mode of delivery Online
  • Offered in First Semester 2019
    See Future Offerings

This course has been designed for lawyers who practice in litigation.

Students successfully completing this course will gain a practical understanding of 10 key areas under the Evidence Act 1995 including:

•    Standard of Proof
•    Relevance
•    Discretions to Exclude
•    Tendency & Coincidence Evidence
•    Opinion Evidence
•    The Hearsay Rule
•    Documents
•    The “character” of the accused in a criminal trial

Students, on successfully completing this course, will be able to apply these principles when considering whether evidence is capable of being admitted in a court or tribunal.

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

  1. Describe and apply 10 key areas under the Evidence Act 199
  2. Demonstrate an understanding of doctrine of hearsay.
  3. Critically analyse and evaluate evidence to identify whether there may be an objection to the admission of that evidence.
  4. Identify the relevant evidentiary legal issues that arise based on a given set of facts.
  5. Summarise, analyse and debate whether an objection to the admission of evidence will be upheld by a court.
  6. Interpret, analyse and propose whether a document or affidavit is admissible based on a number of predetermined facts.
  7. Hypothesise and critically debate whether a provision of the Evidence Act 1995 will allow for the admission of evidence despite the evidence being inadmissible in the first instance.

Other Information

This course is run on WATTLE (http://wattle.anu.edu.au/). Once enrolled you will need to logon using your ISIS username and password. When available students will be able to gain access to the course materials and modules.

Indicative Assessment

  1. Indicative assessment may include: (null) [LO null]
  2. 1. Short weekly exercises — 40% (40) [LO null]
  3. 2. Online discussion forum on WATTLE - 10% (10) [LO null]
  4. 3. Research Problem — 50%, 4,000 words (50) [LO null]

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

26 hrs - WATTLE

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SEVNL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL), Master of Legal Practice (MLEGP), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL); OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 level LAWS courses or five 6100 level LAWS courses; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL); OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law & International Law B. Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

Prescribed Texts

P. Bayne's text on the Principles of Evidence

Assumed Knowledge

Students enrolling in it will have a fundamental background in the Law of Evidence in Australia from their prior LLB studies.

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:
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
2019 $3840
International fee paying students
Year Fee
2019 $5460
Note: Please note that fee information is for current year only.

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.

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4369 25 Feb 2019 04 Mar 2019 31 Mar 2019 31 May 2019 Online View

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