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ANU Law School · ANU College of Law, Governance and Policy
This course covers important aspects of fact-finding and the adducing and admissibility of evidence in legal proceedings. The course is structured to meet the admission requirements for practice as a legal practitioner in the Australian States and Territories. Particular topics include: investigation and organisation of factual material adducing evidence in court testimonial, real and documentary evidence examination, cross-examination and reexamination of witnesses burden and standard of proof relevance of evidence to facts in issue admissibility rules (e.g. credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions privileges judicial discretions and conduct of proceedings. The course will be based on the Uniform Evidence Law, comprising the Evidence Act 1995 (Cth) along with counterpart legislation in New South Wales, Tasmania, Victoria, Norfolk Island, the Australian Capital Territory and the Northern Territory. The course also makes reference to law reform perspectives and other legislation. The course is designed to be taken towards the end of the degree. The study of evidence is required for admission to legal practice. This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Evidence.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page.
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. Click here for the LLB Program course list Work Integrated Learning Simulation/Virtual The practical components of this course provides students with the opportunity to put into practice the legal concepts, knowledge and skills acquired in a concrete way using real world simulations. Students are required to plan and execute a witness examination that comports with evidentiary standards and that persuasively establishes a fact in issue in the case; anticipate and respond to evidentiary objections that may be raised during your examination. Students will demonstrate in simulated scenarios the ability to identify, articulate and assert appropriate evidentiary objections while listening to a witness examination, and respond appropriately to questions from the judge. Other Information The course is designed to be taken towards the end of the degree. The study of evidence is required for admission to legal practice. After 2016, Evidence will no longer be offered in Summer but only in semester 2 each year.
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.