| TLLB210 Evidence Law | |
|---|---|
| Campus: | Eveleigh, NSW 2015 |
| Units of Credit: | 6 |
| Pre-requisite or Co-requisite: | Pre-requisites: TLLB101 Legal Process; TLLB102 Legal Method; TLLB103 Torts; TLLB104 Criminal Law and Procedure; TLLB105 Contract Law; TLLB208 Civil Dispute Resolution |
| EFTSL*: | 0.125 |
| Indicative Contact Hours per Week: | 4 |
| Tuition Fee | See Tuition Fee Schedule |
| Application Date: | See Key Dates |
| Unit Overview: | |
| Evidence, along with Civil Dispute Resolution, is a vital process-focused topic.This unit introduces students to the legal rules governing the adducing of evidence and the proof of facts in both civil and criminal trials.This unit will cover the following topics:the sources of evidence lawpre-trial evidentiary and procedural stepsthe role of judge and jury in the trial process, including the discretionary exclusion of evidence by judges (for example in relation to illegally obtained evidence) and judicial warnings, comments and directions to the juryrelevancecompetence and compellabilityprivilegedifferent kinds of evidence, including documentary and real evidencethe examination of witnessesburdens and standards of proof; andthe various exclusionary rules, such as hearsay, opinion, admissions and confessions, credibility and character, tendency/coincidence evidence and identification evidence.The focus of the unit will be on the primary legislative sources of the Evidence Act 1995 (NSW) and the Evidence Act 1995 (Cth), as well as the case law interpreting important provisions of that legislation.The common law will also be considered to the extent that it is relevant in informing the operation of the legislation or where it operates because of gaps in, or omissions from, the legislation. | |
*EFTSL = Equivalent full-time study load
