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:
- Design, implement and review a plan for establishing each legal element of a given case to the required standard of proof with admissible evidence;
- 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;
- Identify, articulate and assert appropriate evidentiary objections while listening to a witness examination, and respond appropriately to questions from the judge;
- Draft and execute a witness examination for the introduction of a document or item of proof;
- Identify, assert and support objections to items of proof, using appropriate evidentiary rules and tailoring objections to the facts at hand;
- 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);
- 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;
- 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 end of semester examination [Learning Outcomes 1, 5, 6 and 8], in class mock-trial or mooting exercise [Learning Outcomes 2, 3, 4, 5 and 6], and mid semester examination or assignment [Learning Outcomes 5, 7 and 8]. (null) [LO null]
- 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. (null) [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. (null) [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
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 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. Students are generally expected to devote at least 10 hours overall per week to this course.
Click here for the LLB Program course list
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.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
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 |
|---|---|
| 2022 | $4740 |
- International fee paying students
| Year | Fee |
|---|---|
| 2022 | $5700 |
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 |
|---|---|---|---|---|---|---|
| 5192 | 25 Jul 2022 | 01 Aug 2022 | 31 Aug 2022 | 28 Oct 2022 | In Person | View |
