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LAWS75-318: Evidence September 2019 [Standard]

General information

Evidence is a compulsory subject in the Juris Doctor program offered by the Faculty of Law. The subject examines the law and practice relating to evidence in civil and criminal proceedings, focusing on substantive admissibility and procedural rules. Topics covered include basic principles and categories of evidence, competence, compellability and examination of witnesses, privilege, the hearsay rule and its exceptions, admissions and confessions, and illegally obtained evidence. Emphasis is placed on the demonstration of the following skills: legal research and reasoning, and oral communication and advocacy.

Details

Academic unit:Faculty of Law
Subject code:LAWS75-318
Subject title:Evidence
Subject level:Postgraduate
Semester/Year:September 2019
Credit points:10

Delivery & attendance

Timetable: https://bond.edu.au/timetable
Delivery mode:

Standard

Workload items:
  • Lecture: x12 (Total hours: 24) - Weekly Lecture
  • Tutorial: x12 (Total hours: 12) - Weekly Tutorial
  • Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: You should attend all classes. Most classes build on the work of the previous one, and it may be difficult for you to recover if you miss a class. Attendance in tutorials will be monitored, and missing tutorials may have an impact upon your final mark in this subject. It is strongly recommended that students attend all lectures. Though lectures may be streamed, no guarantee is given that the technology will deliver each lecture and streaming should be used ONLY as a backup in case of illness or as a tool for revision.

Resources

Prescribed resources:
  • David Field (2017). Queensland Evidence Law. 4th, Lexis Nexis
  • Evidence Act 1977 (Qld). [Queensland Law]
[email protected] & Email:[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au

Enrolment requirements

Requisites: ?

Nil

Assumed knowledge:

Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.

Assumed Prior Learning (or equivalent):

Restrictions: ?

Must be admitted into a Masters Law degree OR be an approved Law Study Abroad OR Law Exchange student.

This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:
  1. Demonstrate advanced and integrated understanding of the principles which govern the admission of evidence in both criminal and civil proceedings.
  2. Demonstrate competency in exercising the following skills at an advanced level, with creativity, initiative and autonomy: • legal research and reasoning; and • oral communication and advocacy.
  3. Adhere to the highest standards of professionalism, including a commitment to: • learning and working autonomously, accountably and reflectively; • behaving ethically and responsibly; and • managing time effectively and meeting deadlines.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
Class Participation Tutorial participation 20% Ongoing 1, 2, 3.
Moot Skills Assessment – Legal research and reasoning, and Oral communication and advocacy (Moot – Evidence Motion) 20% Week 9 1, 2, 3.
Paper-based Examination (Limited Open) Final examination 60% Final Examination Period 1, 2, 3.
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Assessment criteria

High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

Quality assurance

For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Study information

Submission procedures

Students must check the [email protected] subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.

Policy on plagiarism

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Disability support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Additional subject information

NOTE: This is a compulsory law subject that is required for both LLB and JD students. More details will be posted on iLearn prior to the start of the semester.

Subject curriculum

Relevance; Admissibility; Weight

Presumptions; Judicial Notice; Estoppel

Oral evidence by witnesses; who can be called and compelled to give evidence.

Examination in chief; Cross-examination; Re-examination

Can the accused testify; limits on (cross-)examination of particular witnesses; evidence from sexual offence victims.

Including propensity, similar fact evidence, character evidence, and other forms of prejudicial evidence.

The privilege against self-incrimination; legal professional privilege; other privileges.

The discretion to exclude illegal evidence; the fairness discretion; policy and practice.

Relevance; categories of exclusion of relevant evidence according to common law. Corroboration.

The statutory exceptions in Queensland

Exclusion of opinion evidence; the exception for expert evidence. Identification

Exam preparation.

Approved on: Jul 11, 2019. Edition: 3.4