453 Evidence (Seaman & Shapka)

LAW453 

Evidence

(Seaman & Shapka)

Prerequisite courses: 

Prerequisite for: Advocacy (LAW 608) / Advanced Evidence (LAW 675)

Instructor(s): Alexandra Seaman, Tania Shapka

Course credit: 3

Method of presentation: Lecture and practical presentations/scenarios

METHOD OF EVALUATION

Students can choose to be evaluated in two different ways: (1) based solely upon their performance on an open-book final exam worth 100% of the final grade, or (2) based upon their performance on an optional take-home written midterm assignment worth 30% of the final grade, with the remainder being assessed based on the final exam worth 70% of the final grade. Note that the mid-term assignment will only count towards the final grade if the assignment mark is higher than the final exam mark (i.e., if a student completes the optional assignment but receives a better grade on the final exam, the exam mark will count for 100% of the course grade).

COURSE DESCRIPTION

This course provides students with an overview of the law of evidence in criminal and civil matters, with a focus on the application of the rules of evidence in the courtroom. Emphasis will be on leading Supreme Court of Canada jurisprudence, the Canada Evidence Act, and how the rules of evidence intersect with the Charter. This course will begin with an introduction to admissibility and will explore topics including hearsay, opinion evidence, character evidence, privilege, and the role of the gatekeeper in assessing admissibility. This course aims to provide students with the answer to the foundational questions: What is evidence? How is admissibility determined? Who bears the burden of establishing admissibility? It also aims to provide students with an overview as to how these rules operate in the real-world trial context by considering practical examples.

SPECIAL COMMENTS

Description updated 2024-25. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

David M. Paciocco, Palma Paciocco & Lee Stuesser, The Law of Evidence, 8th ed (2020)