LAWS13010 Evidence and Proof

Welcome to LAWS13010

Welcome to LAWS13010 Evidence and Proof.

This unit gives you the practical tools to put together the information you need to prove a case in court. Of course, even if you do not intend to be a courtroom lawyer, you need to use these concepts in your advice to clients and in your preparatory work to instruct another person in court.

In the material for week one you will find a summary of the readings and assessment requirements of this unit, which will provide the framework for our efforts this term.

You will also see that there are some fundamental concepts introduced. You will learn why evidence matters in legal reasoning. While until now you might have used the words facts, information and evidence interchangeably, you will learn that in evidence law they are each quite different.

We will learn to distinguish between testimony, documentary evidence and real evidence.

Importantly, we will come to understand the burdens and standards of proof that apply in different legal circumstances. This is fundamental to understanding the role of the advocate in our adversarial legal system.

We will also introduce the legislation relevant to evidence and proof, and discuss the role of the common law in Queensland’s evidence law.

Let’s get started.

Each week you should:

Read the study guide and view the associated videos/listen to the recordings associated with that week’s material
Undertake the self-guided study, doing the required reading and activities
Prepare responses to the Zoom discussion questions and attend/subsequently watch/listen to the recording of the discussion.

Overview

Expected duration: 12 weeks

Instructor: Jodie O'Leary

Department: School of Business and Law

LAWS13010 Evidence and Proof examines the major features of evidence law and procedure, both statutory and common law, and the major sources of judicial interpretation relevant to a general study of the role, sources and foundation of the law of evidence and of trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof. Specific topics include: The relevant sources of the law of evidence and procedure; fair trials, proof and adversarialism, including principles underpinning accusatorial justice; Evidentiary issues to be addressed before trial: disclosure, notices and requests; forms of evidence; evidentiary principles and rules, and exceptions to the rules; the bases for privilege, including legal professional and client privilege; judicial warnings, comment and directions; and mandatory and discretionary exclusions and the limitations on evidence. This unit meets the LPAB requirements for evidence. This unit also carries content to support the LPAB requirements for criminal law (regarding criminal procedure).

On successful completion of this unit, you will be able to:

Interpret and apply common law and statutory rules of evidence in the Queensland and Commonwealth jurisdictions, including Indigenous perspectives;
Identify and discuss ethical challenges in the application of evidence law, particularly in relation to examination and cross-examination techniques, and the use of privilege;
Critically analyse a body of evidence and discuss its admissibility and probative value;
Research and present relevant cases and statutory sources to use evidence law and its authoritative interpretation to respond to authentic legal problems;
Use creative and analytical thinking skills to identify appropriate evidence to support legal propositions in a trial setting.

View our website

Instructor

Jodie O'Leary

Please contact the instructor of any matter relating to the academic content of this unit:

Phone: +61

Email: : j.oleary@cqu.edu.au

Biography:

Teaching Methods

This unit is based on the constructivist model of education. The unit coordinator is a facilitator to assist you in constructing your knowledge of the content and in developing the skills associated with this unit.

External participants

You may be viewing this unit as an external participant through Google Education Suite. The unit materials available on Google Education Suite are the same as those available to enrolled students, except that enrolled students have the benefit of access to interactive discussion forums and synchronous classes delivered over the Internet.

If you would like to learn about Australian law and gain an accredited qualification consider enrolling in our 3 year full-time LLB degree or 4 year part-time LLB. For more information please visit our website.

Enrolled students

It is expected that enrolled students will actively participate on the unit Moodle website and interact with other students as well as the unit coordinator. Moodle is the CQUniversity learning management system. Questions that may be of interest to other students should be placed on the relevant discussion forum in the unit website. Questions of a more personal nature can be emailed to the unit coordinator.

The unit content will be released or updated on a regular basis. Tutorial questions appear on the unit website. Each question has a separate discussion forum.

How to Enrol for Credit

If you would like to learn about Australian law and gain an accredited qualification consider enrolling in our 3 year full-time LLB degree or 4 year part-time LLB. For more information please

Version

This unit was last updated for Term 3 2019