Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The law of evidence is concerned with rules about presenting and proving facts to a court. The rules of evidence are vital to the adversarial system of justice in Australia. Civil and criminal trials largely involve the application of substantive law to the facts as admitted into court, according to the rules of evidence.

A sound knowledge of the rules of evidence is necessary for the conduct of litigation, either as a barrister or as a solicitor. An understanding of these rules is essential for lawyers to effectively prepare for trial and advocate for their clients in court.

This unit is a compulsory unit, placed towards the end of the law degree, and builds upon foundational knowledge acquired in your criminal law study. It develops your skills relating to advocacy which are then further extended if you undertake the elective skills unit, Advocacy LWB356. Another unit relevant to this area of practice is the elective unit, LWB494 Principles of Sentencing.

Aims

The aim of this unit is to provide you with a knowledge and understanding of the rules of evidence within the context of the adversarial system of justice.

Objectives

At the completion of this unit you should be able to:
1. apply the rules of evidence to real world issues to demonstrate knowledge and understanding;
2. plan questions appropriate for the different stages in the trial process and object to an opponent's questions on proper grounds to demonstrate the role of counsel;
3. critically analyse the links between the trial process in practice and the rules of evidence;
4. effectively communicate evidential concepts and arguments, orally and in writing;
5. understand, value and promote ethical standards and professional responsibility within the law and legal profession in the context of trial advocacy;
6. appreciate the operation of the rules of evidence in a wider context including Indigenous, racial, cultural and gender perspectives; and
7. evaluate and reflect upon own capabilities and other personal attributes (strengths and weaknesses) and utilise this knowledge to maximise effective study and work practices.

Content

The unit covers the rules of evidence as applied in Queensland and Federal criminal and civil jurisdictions. Fundamental concepts relating to the adversarial system including the role of the advocate, ethical issues, the burden of proof and judicial discretion are dealt with initially. The unit proceeds to the various means of proof - oral testimony, documents and real evidence. Emphasis is placed on the trial process - competence and compellability, examination of witnesses generally, and of particular witnesses whose evidence may require an appreciation of gender and cultural differences. The skill of planning questions and making objections will be developed within the context of the trial process. Exclusionary rules such as hearsay, character and similar fact evidence and opinion evidence and their exceptions are considered in depth.

Skills
In this unit you further develop the following skills:
1. Problem solving;
2. Critical thinking and legal analysis;
3. Reflective practice;
4. Written communication;
5. Information technology literacy;
6. Advocacy;
7. Ethical orientation; and
8. Inclusive perspective and social justice orientation.

Graduate Capilbilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the follow law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Professional, Social and Ethical Responsibility; and
7. Characteristics of self-reliance and leadership.

Approaches to Teaching and Learning

The teaching and learning approach involves undertaking the readings set out in the study guide, and engaging with lectures and tutorials. There will also be interactive online learning activities available on blackboard known as the Crimson Parrot. These online activities contain video clips of a mock trial and enable you to build upon your knowledge and understanding of the rules of evidence.

Lectures
Lectures will be available from weeks 1-13 and are of approximately two hours duration. All lectures will be delivered face-to-face, as well as audio-streamed and podcast for you to listen to at your own pace.

The purpose of lectures is to highlight the more important concepts and rules of evidence each week to focus your learning. Students attending lectures will be expected to do preliminary reading as set out in the Study Guide. Not all topics will be directly addressed in lectures, however unless specifically advised to the contrary students must assume that all topics in this Study Guide are fully examinable.

Tutorials
There is no tutorial in week 1. Tutorials are held in weeks 2-13 and are one hour's duration.
Tutorials will be predominantly problem-solving sessions designed to emphasise the practical application of the rules of evidence and to broaden your understanding of evidence concepts. If attending tutorials you are expected to have prepared adequately to actively participate.

Self-directed Online Learning Exercises
Self-directed online learning exercises are released on Blackboard (under the Learning Resources link) on a weekly basis for the tutorials in weeks 2-6 and 9-13. For internal students, the purpose of these exercises is to reinforce the discussion in the face-to-face tutorials. For external students, the purpose of these exercises is to guide you through the tutorial work and they stand in the place of taped tutorials.

Crimson Parrot Multimedia Program
The Crimson Parrot multimedia program enables you to view a mock criminal law scenario and view courtroom scenes that demonstrate how the rules of evidence are applied, and will better prepare students for the role of counsel in the real world. These activities will also develop your skills relating to problem-solving and advocacy in an evidence context.

External Attendance School
If you are an external student, you will complete the Trial Process Exercise at the external attendance school. An additional one hour session will be offered to recap the trial process, discuss the court report assessment item and develop your exam technique.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).In tutorials, your tutor's questions, comments and the group discussions will provide you with formative feedback. Where possible, the lecturer will discuss past exam paper questions, which will provide you with formative feedback on your understanding of the rules of evidence and your ability to apply the IRAC problem solving approach. The interactive online learning activities and Crimson Parrot multimedia program that you work through online will provide you with immediate feedback as to your understanding of the trial process.
Tutors and lecturers will also be available at specified times to answer questions in person, or via telephone or email.

Assessment name: Trial Process exercise
Description: Trial Process Exercise (Problem Solving Task): a 40 minute closed book written exercise in which you will plan questions appropriate for the different stages in the trial process and object to questions on proper grounds.

Weight: 20% (one A4 double-sided)

Due Date for Internal Students: Tutorial, Week 8
Due date for External Students: at the External Attendance School
Relates to objectives: 1-7, particularly 2
Weight: 20%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Assessment name: Court Report
Description: Attendance at a trial in the real world and a written report where you will make connections between what you have learned in the classroom and what actually happens in practice.
Weight: 20% (one A4 double-sided page), 600 to 800 words
Due date: Upload to Blackboard, Wednesday of Week 11
Relates to objectives: 1-7, particularly 3
Weight: 20%
Internal or external: Both
Group or individual: Individual
Due date: Wednesday, Week 11

Assessment name: Examination
Description: An open book exam that examines all topics in the unit.
Relates to objectives: 1-7, particularly 1
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
David Field, Queensland Evidence Law (LexisNexis, Chatswood: 2nd ed, 2011)
PK Waight and CR Williams, Evidence Commentary and Materials (LBC, Sydney: 7th ed, 2006).
Evidence Act 1977 (Qld) (latest reprint)
Evidence Act 1995 (Cth) (latest reprint)

Cases and material prescribed by the School of Law

Recommended Reference Materials
Arenson K, and Bagaric M, Rules of Evidence in Australia: Text and Cases (Butterworths, Chatswood: 2nd ed, 2007).
T Crofts and K Burton, The Criminal Codes: Commentary and Materials (Thomson Reuters, Sydney: 6th ed, 2009).
JRS Forbes, Evidence Law in Queensland (LBC, Sydney: 9th ed, 2012)
JD Heydon, Cross on Evidence (Butterworths, Sydney: 9th ed, 2012)
Hunter, Cameron and Henning Litigation II Criminal Procedure (Butterworths, Chatswood: 7th ed, 2005).
J Hunter and K Cronin, Evidence, Advocacy and Ethical Practice (Buttlerworths, Sydney: 1995).
S Odgers, Uniform Evidence Law (LBC, Rozelle: 10th ed, 2012).

Blackboard site
Online resources for this unit are available on the unit blackboard site.

Risk assessment statement

Apart from the explicit materials dealt with in the subject, there are no out of the ordinary risks associated with it.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 12-Dec-2012