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Unit of study_
LAWS5013: Evidence
2024 unit information
This unit of study aims to teach students the laws of evidence as they operate in civil and criminal trials in Australia. The unit aims to introduce students to the adversarial context within which lawyers might encounter evidential issues in the course of a trial. Attention is given to differences between the civil trial and the accusatorial criminal trial. The unit considers the laws of evidence contained in legislation and the common law. This unit focuses on the Uniform Evidence Law (particularly, Evidence Act 1995 (NSW)) and develop students' skills in statutory interpretation. The unit considers the rules for adducing testimony and other forms of evidence; the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, and the discretions to exclude evidence); and principles relating to proof (including burdens and standards of proof, judicial notice, and missing evidence). The distinction between the roles of the trial judge (as tribunal of law) and the jury (as tribunal of fact) in the jury trial is highlighted. We consider the forces contributing to reform of evidence law, in particular in relation to the prosecution of adult and child sexual assault, and students are encouraged to think critically about the doctrines that govern the laws of evidence.
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS5013 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
|
Prerequisites:
?
|
LAWS5003 |
|---|---|
|
Corequisites:
?
|
None |
| Prohibitions:
?
|
LAWS2016 |
| Assumed knowledge:
?
|
None |
At the completion of this unit, you should be able to:
- LO1. identify, describe, and explain, at an advanced level, the issues, relevant rules, and fundamental principles of Evidence Law in NSW. This includes the adducing of evidence, admissibility, proof and miscellaneous matters within the context of the adversarial trial.
- LO2. critically analyse novel fact scenarios to identify the evidential issues and applicable laws, applying knowledge of evidence law to evaluate arguments and effectively solve legal problems.
- LO3. employ multimodal research skills to effectively synthesise theory, statutes and, case law to develop sound written and oral legal arguments.
- LO4. define the ethical and professional responsibilities of legal practitioners, appreciate the ethical dimensions of the adversarial trial, and apply the capacity to influence professional life in resolving individual conflict situations and engaging in policy debates.
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
| Session | MoA ? | Location | Outline ? |
|---|---|---|---|
|
Semester 2 2024
|
Normal day | Camperdown/Darlington, Sydney |
Outline unavailable
|
|
Semester 2 2024
|
Normal evening | Camperdown/Darlington, Sydney |
Outline unavailable
|
Modes of attendance (MoA)
This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.
