Evidence is perhaps the most important area of law to master if you wish to be an advocate.

Unlike other areas of law, you rarely have the luxury of being able to research the legal point in issue. You must develop the skills to elicit evidence from witnesses, the instinct to know when to object or oppose an objection, and be able to back up your actions with the relevant law whilst on your feet before the judge. However, there will be occasions when you will have time to assess evidence and create strategies for both advancing your case and addressing that of your opponent:this will require preparation in advance of the hearing.

The process of educating oneself in the laws of evidence is a career long journey and this course is designed to prepare you to identify the key issues that will underpin every court appearance you make as well as any advanced training you undertake in the law of evidence.

 The course is designed to be practical, so you should feel comfortable with the fundamentals of evidence taught in your compulsory prerequisite. You will also learn new law, for example, dealing with unfavourable witnesses, excluding prejudicial evidence and the oft forgotten Harmann Undertaking.

If you embrace this course, after every lesson you will feel like you have learnt something useful and by the end of this intensive program should be able to run a simple hearing in the confidence that you will be able to put your case to the court in accordance with law.

Learning Outcomes

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

1. Synthesise, evaluate and apply the relevant laws, legal principles and rules of evidence to a given set of facts.
2. ?Critically analyse, marshal evidence, and apply professional judgement to argue by way of submissions why evidence is admissible or not.
3. Formulate and execute a strategy in relation to the use of and objection to evidence.
4. Analyse instructions to prepare an affidavit that complies with the rules of evidence.
5. Identify and use a range of legally specific research principles, methods and tools to conduct and communicate research in an area of evidence.

Recommended Resources

Odgers, Stephen "Uniform Evidence Law": 14th Edition

online which can accessed online via the ANU law library databases.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• feedback to individuals

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Week 1: Strategies relating to hearsay evidence	Online discussion & Research assignments
2	Week 1: Unfavourable Witnesses	Online discussion & Research assignments
3	Week 1: Inferences	Online discussion & Research assignments
4	Week 1: Excluding Evidence	Online discussion & Research assignments
5	Week 2: The Harman Undertaking	Online discussion & Research assignments
6	Week 2: Coincidence and Tendency	Online discussion & Research assignments
7	Week 2: Judicial Discretion	Online discussion & Research assignments
8	Week 3: Affidavits	Online discussion & Research assignments
9	Week 3: Advanced Rulings	Online discussion & Research assignments
10	Assessment: Research Assignment A (Drafting an application)
11	Assessment: Research Assignment B (Written submissions in support of the application)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Assessment Task 1: Discussion	10 %	*	*	1, 2, 3 and 5. 1, 2, 3 and 5
Assessment Task 2: Preparation of Affidavit	45 %	12/06/2020	19/06/2020	1, 2, 3, 4 and 5.
Assessment Task 3: Written Submissions	45 %	26/06/2020	10/07/2020	1, 2, 3 and 5.

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

The discussion forums is designed to be an online version of a tutorial. Students are to post at least one comment per discussion from as little as 1 line to 100 words. The purpose is to share ideas and allow the tutor to monitor if students are on the right track.

Assessment Task 1

Assessment Task 1: Discussion

Brief Description: This is a virtual tutorial group where students engage and discuss topics and readings with each other which are important to preparing for the final research exercises. Must comment once on every topic displaying a genuine effort. This is a most useful exchange of ideas amongst students. It is encouraged that the discussion points are discussed as each unit is covered as opposed to waiting until the end.

Nature of Task: Compulsory. Failure to post will result in a mark of zero for that description

Weighting: 10% (1 per 10 discussion points)

Word Limit: about 100 words each discussion.

Release: Ongoing for duration of course

Due date: 1 June 2020

Estimated return date: 8 June 2020

Assessment Criteria: Genuine attempt to engage with topic.

Assessment Task 2

Assessment Task 2: Preparation of Affidavit

Brief Description: As this is a practical course, students will be required to prepare a legally compliant affidavit based on instructions provided by a client. It will be

an affidavit in support of an interlocutory application for an advanced ruling.

Nature of Task: Compulsory. Students who do not submit will receive a mark of 0.

Weighting: 45%

Word Limit: 2500

Release: 29 May 2020

Due date: 12 June 2020. Late submission is permitted, but a mark penalty will be imposed - see below.

Estimated return date: 19 June 2020

Assessment Criteria: Compliance with rules of evidence, identifying relevant issues and evidence, showing understanding of the purpose of the affidavit. Correct identification of form using ACT forms as the model.

Assessment Task 3

Assessment Task 3: Written Submissions

Brief Description: When making an interlocutory application, it is not uncommon for the Court to require written submissions in support of the affidavit, including the orders that you want the court to make. Your submissions must be supported by admissible evidence in your affidavit. There may be times where you need to argue a discretion or exception to a rule of evidence and you must be able to support your position with a concise, well structured and researched submission.

Nature of Task: Compulsory. Students who do not submit will receive a mark of 0.

Weighting: 45%

Word Limit: 2500

Release: 29 May 2020

Due date: 26 June 2020. Late submission is permitted, but a mark penalty will be imposed - see below.

Estimated return date: 10 July 2020

Assessment Criteria: Legal accuracy, style of argument and presentation, being concise, relevance to affidavit, quality of expression and compliance with the Australian Guide to Legal Citation.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students