Evidence law governs the use of proof in legal proceedings and answers important questions like: How much proof is enough? What will the jury be allowed to hear? And what kinds of proof can be used? Evidence law is also a major component of trial procedure, governing how proof is presented in a trial. The law of evidence regulates the emergence of the parties’ narratives; and decisions about evidentiary issues frequently determine which version of events is believed, what is considered ‘fact’ and what is not. Liberty, property, livelihoods and families can hang in the balance.
Understanding the law of evidence is integral to understanding the trial process and the development of all areas of substantive law. Evidence law is the lens through which the legal system views the “facts” of a case. Understanding how a record of evidence is developed will give you new insight into litigation processes and appellate decisions. It will also give you a new perspective on the adversarial system and the importance of advocacy. If you become a litigator or barrister someday, evidence law will be your bread and butter. If you never become a litigator, you will need to know evidence law in order to make appropriate decisions for clients who are not in litigation. Protecting your clients’ rights outside litigation may depend on your knowledge about what might be admissible if litigation were eventually employed. Even if you leave law and go into business or another field, understanding evidence will give you a new perspective on the nightly news.
This course is an introduction to the law of evidence. It covers important aspects of proof, admissibility, fact-finding, and the standards and procedures that are applied in legal proceedings. While it would be possible (and fascinating) to take a philosophical approach to evidence issues, this course takes a practical approach. It will require you to participate in discussion, present arguments, think on your feet, and make strategic decisions. You should leave the course with fluency in Uniform Evidence Law and with a strong understanding of the principles that undergird the rules of evidence and trial procedure in common law systems.
This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Evidence.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Synthesise and evaluate the rules of evidence, evidentiary standards, substantive law, principles of statutory construction, and policy considerations, to design and justify solutions to complex evidentiary problems.
- Review and reflect on rules and contemporary developments in evidence, and the strengths and weaknesses of the adversarial system of trial, with reference to its broader social and ethical context and a range of diverse perspectives.
- Evaluate and reflect on their own professional capability and development in the context of court procedure in a trial.
- Research and evaluate a range of legally specific research principles, methods, primary legal resources, and evidentiary standards, in order to propose solutions to complex evidentiary problems.
- Review and synthesise a brief of evidence, evaluate the admissibility of evidence contained and develop and communicate a persuasive argument about the prospects of proof.
Work Integrated Learning
Simulation/Virtual
The practical components of this course provides students with the opportunity to put into practice the legal concepts, knowledge and skills acquired in a concrete way using real world simulations. Students are required to 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. Students will demonstrate in simulated scenarios the ability to identify, articulate and assert appropriate evidentiary objections while listening to a witness examination, and respond appropriately to questions from the judge.
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page. (null) [LO null]
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Workload
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week.
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Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found 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 |
|---|---|
| 2024 | $5280 |
- International fee paying students
| Year | Fee |
|---|---|
| 2024 | $7080 |
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.
Second Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 7392 | 22 Jul 2024 | 29 Jul 2024 | 31 Aug 2024 | 25 Oct 2024 | In Person | N/A |
