Unit rationale, description and aim
The Rule of Law, and access to legal advice, are the basis of free, democratic, and just societies which promote personal dignity, thriving communities, and the Common Good. Law graduates working in legal practice, in business, in government, and in the community play an essential role in promoting and upholding the Rule of Law in Australia and across the world. The Bachelor of Laws degree is an accredited degree for admission as a legal practitioner in Australia.
Evidence deals with the laws governing the information and materials that can be placed before courts and other tribunals when they are hearing criminal cases, or adjudicating civil disputes. The focus of this unit is the procedure and rules contained within the Uniform Evidence Acts.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically evaluate the law of Eviden...
Learning Outcome 01
Apply the law of Evidence to factual situations an...
Learning Outcome 02
Demonstrate competence in the analysis of problems...
Learning Outcome 03
Content
Topics will include:
- The competence and compellability of witnesses
- Adducing evidence including examination in chief and cross examination
- Character and credibility
- Admissibility of evidence relating to relevance, hearsay, opinion evidence, documentary evidence, admission and confessions, identification evidence, corroboration, similar fact evidence and illegally obtained evidence
- Privilege
- Burden and standard of proof
- Judicial discretions to exclude evidence
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Overview of assessments
Assignment 1 Class partici...
Assignment 1
Class participation & attendance: A criteria-referenced assessment marking rubric will be utilised to assess students.
20%
Assignment 2 Assessment based on Experienti...
Assignment 2
Assessment based on Experiential Learning such as solving a real evidence problem, drafting legal submissions for a real evidence problem or oral presentation based on simulated court hearing (based on real or hypothetical fact patterns). A criteria-referenced assessment marking rubric will be utilised to assess students.
40%
Examination A criteria-referenced assessment mark...
Examination
A criteria-referenced assessment marking rubric will be utilised to assess students.
40%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration:4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level three compulsory “Priestley” unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in intensive, weekly or online mode. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.