LLB303 Evidence

Unit synopsis

Evidence examines the rules and procedures relating to the reception of evidence in courts and tribunals, concerning facts that are either disputed or yet to be established before the commencement of proceedings.

Faculty
Faculty of Law
Study area
Law and justice
Credit points
12

Dates and locations

Teaching period Locations
Summer, 2017
20 November 2017 - 16 February 2018
  • Gardens Point (External)
Summer, 2017 (Block)
20 November 2017 - 16 February 2018
  • Gardens Point
Semester 2, 2018
23 July 2018 - 16 November 2018
  • Gardens Point
  • Gardens Point (External)

Fees

Commonwealth supported place (CSP) student contribution amount
2017: $1,324
2018: $1,368
Domestic fee-paying student fee
2017: $2,400
2018: $2,532
International student fee
2017: $3,348
2018: $3,480

Guide to fees

Commonwealth supported place (CSP) student contribution amount
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens who study this unit:
  • as part of a QUT course and are eligible for a Commonwealth supported place (CSP)
  • as a cross-institutional student who has a Commonwealth supported place at their home university.
Domestic fee-paying student fee
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens, who study this unit:
  • as part of a QUT course and are not eligible for a Commonwealth supported place (CSP)
  • as part of a QUT course during Summer Semester
  • as a cross-institutional student who does not have a Commonwealth supported place at their home university
  • as a single-unit study student.
International student fee
For international students who study this unit:
  • as part of a QUT course
  • as part of our study abroad or exchange programs
  • as a cross-institutional student.

Previous study requirements

Prerequisites
LLB106 or LWB239
Equivalents
LWB432

Guide to previous study requirements

Prerequisites
To enrol in this unit, you must have completed these prerequisite units (or have credit, advanced standing or exemption for them), or be able to demonstrate that you have equivalent background knowledge.
Anti-requisites
You can’t enrol in this unit if you have completed any of these anti-requisite units.
Co-requisites
To enrol in this unit, you must have already completed these co-requisite units, or you must enrol in them at the same time.
Equivalents
You can’t enrol in this unit if you have completed any of these equivalent units.
Assumed knowledge
We assume that you have a minimum level of knowledge in certain areas before you start this unit.

Summer Semester details

Dates
20 November 2017 - 16 February 2018
Class days
This unit will be taught in intensive/block mode. Timetable information will be available in QV by October.
Fee type
Tuition Fee
Restrictions
The unit is available to QUT, visiting and cross institutional students.
Notes
This is a summer tuition fee unit at the undergraduate level. Standard tuition fees apply. Eligible students may apply for FEE-HELP in eStudent, including Cross Institutional and QUT students in a Commonwealth supported place who are required to pay tuition fees.

Coordinator

Name
Paul Arthur
Email
pg.arthur@qut.edu.au

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 online podcasts and 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. These tutorials will be held at Gardens Point campus and will also be made available online.

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.

All students are supported with the examination preparation by a podcast made available online that specifically deals with answering past examination questions.

Assessment items

Name #1: Video (oral) advocacy exercise
DescriptionBased on a provided scenario, students will record oral submissions on a video and submit them online.
Weighting20%
Due dateTue 19 Dec 2017
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3, 4 and 5
Name #2: Written advocacy exercise
DescriptionStudents will be given a scenario and asked to provide written submissions. Word limit: 1500 words.
Weighting20%
Due dateWeek 10
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3, 4 and 5
Name #3: Open-book exam
DescriptionAn open book exam that may include all topics covered in the unit.
Weighting60%
Due dateCentral exam period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1-5

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.

Coordinator

Name
Alex Deagon
Email
alex.deagon@qut.edu.au
Phone
3138 5202

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

Name #1: Video (oral) Advocacy Exercise
DescriptionBased on a provided scenario, students will record oral submissions on a video and submit them online.
Weighting20%
Due dateWeek 7
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3, 4 and 5
Name #2: Written Advocacy Exercise
DescriptionStudents will be given a scenario and asked to provide written submissions. Word limit: 1500 words.
Weighting20%
Due dateWeek 10
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3, 4 and 5
Name #3: Open-book Exam
DescriptionAn open book exam that may include all topics covered in the unit.
Weighting60%
Due dateCentral exam period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1-5

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.

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Single-unit study

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Cross-institutional study

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