LAWS3310 Evidence

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.

Credit: 6 points Availability: Semester 2 Old unit code: 200.310

Outcomes: Students are able to (1) appreciate the role played by the rules of evidence in litigation; (2) identify the major case authorities relevant to each area of the law of evidence studied, and discuss the relevance of those cases to this unit; (3) identify evidence needed to prove a client's case or disprove an opponent's case, according to the rules of evidence; (4) have acquired good working knowledge of the most important rules of evidence and apply those rules to diverse factual scenarios; (5) understand the main sources, principles, techniques, terminology and concepts of the law of evidence in WA; and (6) have developed skills in the analysis of evidence.

Content: This unit examines the law of evidence of Western Australia. It covers the functions of the judge and jury; the principles and rules relating to the burden of proof, the means of proof and the admissibility of evidence. Relevant comparisons are drawn with the law of evidence in other Australian states and abroad. Reference is also made to the Evidence Act 1995 (Commonwealth).

Assessment: This comprises tutorial participation (10 per cent), an assignment (25 per cent) and a final examination (65 per cent).

Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.

Unit Co-ordinator(s): Eileen Webb and Anthony Papamatheos

Location: UWA (Crawley)

Mode: on-campus

Unit Rules:

Prerequisites: LAWS1130 Legal Process, LAWS1105 Criminal Law I and LAWS1106 Criminal Law II

Contact hours—lectures: 3 hrs per week; tutorials: 1 hr per fortnight

Unit Web Page: http://www.uwa.edu.au/page/103459

Note: Some unit web pages are still under construction and will be available in 2009.

Texts

Andrew Ligertwood Australian Evidence, 4th ed.: LexisNexis Butterworths 2004; or

J. D. Heydon Cross on Evidence: LexisNexis Butterworths 2004 (available online)

Students should also obtain a copy of the Evidence Act 1906 (WA)

Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.

Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

Unit Resources

Unit Coordinator

Eileen Webb