LLB303 Evidence

Coordinator

Name

Dr Alex Deagon, Dr Nigel Stobbs

Email

alex.deagon@qut.edu.au, n2.stobbs@qut.edu.au

Phone

3138 5202, 0731384445

Rationale

The law of evidence is concerned with the way in which assertions of fact must be made, tested and proved in court. Knowledge of the rules of evidence and of the procedures by which it must be tendered and dealt with in court is necessary for the conduct of litigation as either a barrister or a solicitor and for admission to practice.

Aims

This unit aims to:

· provide an understanding of the rules of evidence in the Queensland jurisdiction
· build upon the knowledge of procedure developed in LLB106 Criminal Law
· further develop an appreciation of the importance of cross-cultural awareness in the conduct of trial work, and
· extend skills of trial and appellate advocacy.

Learning outcomes

At the completion of this unit you should be able to:

1. apply those rules of evidence that operate in Queensland to real world fact scenarios, demonstrating a conceptual and applied understanding of the relevant laws and procedures (Course Learning Outcomes 1.1, 2.1, 2.2)
2. critically analyse the links between the conduct of civil and criminal litigation and the rules of evidence (CLOs 1.1, 2.3)
3. appraise the operation of the rules of evidence in a wider context, including Indigenous, racial, cultural and gender perspectives (CLOs 1.3, 1.4, 4.3)
4. apply ethical standards and professional responsibility within the law and legal profession in the context of trial advocacy (CLOs 5.1, 5.2), and
5. effectively communicate evidential concepts and arguments (CLO 4.1).

Content

The content of this unit includes:

· rules of evidence as applied in the Queensland jurisdiction
· fundamental concepts and principles of the adversarial system, including mandated procedures, the role of the advocate (as defence, plaintiff, respondent or Crown representative) and ethical issues, and
· sources of evidence, including the burden and standard of proof, hearsay, admissions and confessions, illegally obtained evidence and res gestae.

Approaches to teaching and learning

The teaching and learning approach in this unit is blended, comprising online content delivery for independent, flexible learning and face-to-face tutorials that facilitate the practice of applying the law to fact scenarios and developing skills in legal problem solving, statutory interpretation, drafting and communication. Learning will consist of a mix of face-to-face lectures and online self-directed activities such as videos, readings and short quizzes to test student understanding and prepare students for tutorials. Eight tutorials will be held throughout the semester in a collaborative and interactive environment.

Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit. Skills will be further developed in intercultural competence and advocacy.

External students are supported with an optional External Attendance School during the semester.

Assessment items

Academic integrity

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
David Field, Queensland Evidence Law (LexisNexis, 4th ed, 2017)

Recommended
K Arenson and M Bagaric, Rules of Evidence in Australia: Text and Cases (Butterworths, 2nd ed, 2007)
T Crofts and K Burton, The Criminal Codes: Commentary and Materials (Thomson Reuters, 6th ed, 2009)
JRS Forbes, Evidence Law in Queensland (Thomson Reuters, 9th ed, 2012)
Andrew Hemming, Miiko Kumar and Elisabeth Peden, Evidence Commentary and Materials (Thomson Reuters, 8th ed, 2013)
JD Heydon, Cross on Evidence (LexisNexis Butterworths, Sydney, 9th ed, 2012)
L Stuesser, An Introduction to Advocacy (Thomson Reuters, 2011)
J Curthoys and C Kendall, Advocacy: An Introduction (LexisNexis Butterworths, 2006)
S Odgers, Uniform Evidence Law (Thomson Reuters, 10th ed, 2012).

Risk assessment statement

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