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.
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:
- Analyse and apply the rules of evidence, evidentiary standards, substantive law, principles of statutory construction, and policy considerations, to resolve complex evidentiary issues and questions of admissibility.
- Critically evaluate the rules of 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.
- Communicate professionally and follow court procedure in a trial context.
- Synthesise and apply a range of legally specific research principles, methods, primary legal resources, and evidentiary standards to respond to a factually complex evidence problem.
- Analyse a brief of evidence, consider the admissibility of evidence contained and draw a conclusion 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.
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 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]
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.
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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.
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 |
|---|---|
| 2024 | $4980 |
- International fee paying students
| Year | Fee |
|---|---|
| 2024 | $6000 |
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 |
|---|---|---|---|---|---|---|
| 8810 | 22 Jul 2024 | 29 Jul 2024 | 31 Aug 2024 | 25 Oct 2024 | In Person | N/A |
