Evidence outline ...... PDF

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This is a unit outline from law 422222222...

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Faculty of Law

College of Arts, Law and Education

LAW422 EVIDENCE Semester 1, Year 2022 Unit Outline

Dr Robert Walters

CRICOS Provider Code: 00586B

CONTACT DETAILS Unit coordinator Unit coordinator: Dr Robert Walters Campus: Sandy Bay Email: [email protected] Phone: NA Room location and number: NA Consultation hours: 1600-1700 Wednesday – Friday via email and Zoom.

Other teaching staff [Position]: Senior Lecturer Campus: Sandy Bay Email: [email protected]

© The University of Tasmania 2022

CONTENTS COVID&SAFETY&&

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COVID&SAFETY&ON&PROFESSIONAL&EXPERIENCE&PLACEMENTS&

2

WHAT&IS&THE&UNIT&ABOUT?&

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UNIT&DESCRIPTION*&&

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INTENDED&LEARNING&OUTCOMES*&

3

GRADUATE&STATEMENT&

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ALTERATIONS&TO&THE&UNIT&AS&A&RESULT&OF&STUDENT&FEEDBACK*&

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PRIOR&KNOWLEDGE&&/OR&SKILLS&

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HOW&WILL&I&BE&ASSESSED?*&

7 ERROR!&BOOKMARK&NOT&D OOKMARK&NOT&DEFINED EFINED.

ASSESSMENT&SCHEDULE*& ASSESSMENT&DETAILS*&

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HOW&YOUR&FINAL&RESULT&IS&DETERMINED*&

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SUBMISSION&OF&ASSIGNMENTS*&

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ACADEMIC&INTEGRITY&

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WHAT&LEARNING&OPPORTUNITIES&ARE&THERE?&

13

MYLO&

13

RESOURCES&

13

ACTIVITIES&

15

COMMUNICATION&

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CONCERNS&AND&COMPLAINTS&

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LEARNING&SUPPORT&

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FURTHER&INFORMATION&AND&ASSISTANCE&

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UNIT&SCHEDULE&

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COVID Safety To ensure the safety and wellbeing of our University and the broader community, it is important that we follow the guidelines for coming onto campus or participating in UTAS activities or events. Please consult the Student Coronavirus updates page for up-to-date information on COVID-19 and anything you need to do as a UTAS student.

COVID Safety on Professional Experience Placements

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WHAT IS THE UNIT ABOUT? Unit description*

This course imparts a basic knowledge of the doctrine, principles and rules relating to the law of evidence in both criminal and civil proceedings. It focuses primarily upon fostering students’ ability to identify, explain, apply and critique relevant rules of evidence accurately and succinctly when applying the law of evidence to legal problems. It aims to develop an appreciation of the determinative role that the rules of evidence can have on the course and outcomes of trials and it encourages students to appraise critically the evidential rules governing formal proceedings. The course also seeks to provide students with the opportunity to engage actively in the learning experience through classroom discussions and court observations. This enhances their ability to evaluate trial processes and evidentiary doctrines from legal and justice perspectives. Studies cover: the nature of evidence, basic evidential concepts, classifications of evidence, obtaining evidence including the course of evidence in trials and the rules relating to the competence and compellability of witnesses, mechanisms for dealing with unreliable evidence and the major exclusionary rules including the relevance rule, the hearsay rule, the opinion evidence rule, the credibility rule and rules relating to tendency and coincidence evidence.

Intended Learning Outcomes* On completion of this Unit, you will be able to: 1.

2.

3.

Demonstrate a basic knowledge of the doctrines, principles and rules relating to the law of evidence and their rationales and demonstrate an understanding of the theoretical foundation of the law of evidence, the basic purposes it seeks to realise.  Knowledge and understanding will be demonstrated by your ability to:  (a) isolate evidentiary issues raised in legal problems and to identify, explain and apply relevant rules and principles of evidence law to them. (b) explain, discuss and critique evidentiary principles succinctly and accurately. (c) interpret and critique statutory provisions setting down the rules of evidence, to explain their interplay and interdependence and to apply them to new legal problems. (d) research, analyse and explain orally and in writing evidence law. (e) to critique the operation of the law of evidence in the trial context. (f) apply principles governing the regulation, through the law of evidence, of the fact-finding process in trials to new and different situations. Demonstrate an awareness of and ability to reflect on a variety of justice issues that have an impact on and are affected by the rules of evidence, for Page 3

UNIT CODE Unit Title

example, how evidence law deals with vulnerable witnesses; the protections developed in respect of the accused in criminal trials; limitations on crossexamination; the extent to which evidence doctrines represent or are underpinned by clearly developed and articulated principles of justice.

Graduate Statement Successful completion of this unit supports your development of course learning outcomes, which describe what a graduate of a course knows, understands and is able to do. Course learning outcomes are available from the Course Coordinator. Course learning outcomes are developed with reference to national discipline standards, Australian Qualifications Framework (AQF), any professional accreditation requirements and the University of Tasmania’s Graduate Statement.

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The University of Tasmania experience unlocks the potential of individuals. Our graduates are equipped and inspired to shape and respond to the opportunities and challenges of the future as accomplished communicators, highly regarded professionals and culturally competent citizens in local, national, and global society. University of Tasmania graduates acquire subject and multidisciplinary knowledge and skills, and develop critical and creative literacies and numeracies and skills of inquiry. They demonstrate the ability to apply this knowledge in changing circumstances. Our graduates recognise and critically evaluate issues of social responsibility, ethical conduct and sustainability, are entrepreneurial and creative, and are mindful of their own wellbeing and that of the community. Through respect for diversity and by working in collaborative ways, our graduates reflect the values of the University of Tasmania.

Alterations to the unit as a result of student feedback* Because in 2005 a new seminar-based teaching/learning model was adopted for the Evidence course to bring it into line with best practice in the Group of Eight Universities, on-going monitoring of the new model, including the administration of the eVALUate process, has been undertaken. That monitoring has revealed that many students find the active learning model, (which involves a departure from the traditional lecture/tutorial model to a seminar-based model involving active, participatory learning), challenging and difficult. Students have also been concerned about the workload involved in the course, which is a factor of the continuous, active learning model, and many admit to having difficulty in reading, analysing and interpreting cases and statutory materials. This is a matter of great concern because it shows that a significant number of final year law students have not yet mastered the essential, basic legal skill of reading and interpreting primary materials. A number of amendments have been made to the course in the years since 2005 to take account of student concerns. Specifically, the course synopsis has been revised to reduce the reading load, and therefore the workload, and also to identify on the synopsis with additional specificity the principles to be found in the cases set for study and the particular legal questions to which students should seek answers in the materials. The aims are to assist students in identifying the issues in the cases listed for discussion and to reduce preparation time. A high percentage of students have told us that they find the synopsis very useful in guiding their study of this Unit. Student feedback indicates that a number of students continue to struggle with organising preparation for classes and that they consider such preparation to be overly burdensome. The lecturer for this course understands that this Unit may involve new learning and preparation techniques for students and that the level of preparation required during the term may be a new experience for students. It involves consistent work over the entire semester, rather than preparation once a fortnight for tutorials or cramming for an exam. The teacher of this course has the very strong view that consistent preparation develops skills in organization and Page 5

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consistent work practices that are essential and highly valuable in the legal work environment. It is therefore appropriate to encourage students to tackle this process throughout the semester. If students find preparation tasks difficult they should seek advice from the Unit Co- Ordinator, Helen Cockburn on how to read and pinpoint the issues in the set materials and prepare answers to the questions set for class discussion. The lecturer has carefully analysed the preparation time necessary for each class. Three hours preparation time for each seminar is more than adequate. As a minimum, 6–8 hours per week is the time, in any event, that should be devoted to the study of each Unit in the law degree. To reflect the importance of class participation in the learning model for the course it is weighted at 20%. Some students have asked that they be given further assistance in locating cases and materials. Specifically, they have asked that they be provided with copies of all cases on the synopsis. After discussing this with the Law Librarians I formed the view that students benefit greatly from on-going practice in locating cases and materials. Continued practice entrenches these skills so that they become second nature. It also encourages independence and prepares students for future employment in the legal profession and allied working environments. Nevertheless, to assist students in locating cases I have included in the Unit Outline and Synopsis information about where cases and statutes can be located on-line. We encourage students to gather as many of the materials as they can for the entire course at the beginning of the semester. This will reduce their workload throughout the semester.

Prior knowledge &/or skills

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Successful completion of all Law 200 & Law 300 Units is a pre-requisite to the study of this Unit.

HOW WILL I BE ASSESSED?* Assessment details* Assessment'Task'1:'Problem'solving'seminar'paper Task'Description Problem(solving(seminar(paper Criterion' Number

Criterion'Description

Measures'ILO:

1

1

LO1

Task'Length

1000 words – Assignment

Due'by'date

Week(5

Weight

10%

Pass/Fail

N

' Assessment'Task'2:'Mid-semester'Exam Task'Description Mid-semester(test Criterion' Number

Criterion'Description

Measures'ILO:

1

Test

LO1, LO3

Task'Length

90(minutes(-(online

Due'by'date

Week(8

Weight

25%

Pass/Fail

N

Assessment'Task'3:'Briefing'Note Task'Description Briefing(Note(–(Fact(Will(be(made(available

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Criterion' Number

Criterion'Description

Measures'ILO:

1

1

LO1

Task'Length

1250(words(–(need(to(address(the(issues(of(evidence(in(the(Facts.

Due'by'date

Week(10

Weight

25%

Pass/Fail

N

Assessment'Task'4:'Final'Exam Task'Description Final(exam(–(based(on(Facts(from(Assignment Criterion' Number

Criterion'Description

Measures'ILO:

Rules of evidence, case law and legislation

Task'Length

2(hours

Due'by'date

Exam(Period

Weight

40%

Pass/Fail

N

How your final result is determined* To pass this unit, you need to achieve a final unit grade of 50% or greater and pass any hurdle tasks.

Submission of assignments* The Briefing Note must include a completed cover sheet, which must contain your student number (your name is optional), the title of the assignment and an accurate word count available online at Assignment Cover Sheet. The assignment cover sheet includes a signed statement that the assignment is your own work. For clarification see the Faculty of Law Procedures Relating to Written Work available at Written Work. An electronic copy of the Note in Word format (.doc/.docx) must be submitted to the Assignment box on the MyLO site by 5pm on the due date. Page 8

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Requests for extensions In accordance with Faculty of Law Procedures students with exceptional circumstances may apply for an extension for submitting the Briefing Note. Requests for extensions should be made in writing to the Unit Coordinator prior to the due date. Students should provide independent supporting documentation to substantiate their claims and should be aware that enquiries may be made to confirm their claim. Medical certificates or other evidence must be attached and must contain sufficient detail for the Unit Coordinator to make an informed decision. A statement or certificate from a doctor, counsellor, health professional or independent member of the community should state: • the date the medical condition or other circumstance affected the student; • how the condition or circumstance affected the student’s ability to complete the assessment task. There is no guarantee that requests for extensions will be granted. For example, given the expectation that students will have a number of weeks to work on their Briefing Note, it is unlikely that a medical condition which developed a few days before the submission date will be considered suitable grounds for granting an extension. Students who are having difficulties managing their studies are strongly encouraged to meet with the Unit coordinator and/or the Support and Equity Unit as early as possible, to discuss appropriate support strategies. Students with a learning access plan (LAP) are required to request any extension prior to the due date for the assignment, even if their LAP indicates that extensions should be considered. Students with a LAP must meet with the unit coordinators in the first week of semester to discuss strategies that might assist the student’s learning. For clarification see the Faculty of Law Procedures Relating to Assessment Submission and Word Length available at . Otherwise – email me directly in advance of submitting the correct forms.

Penalties* Assignments submitted after the deadline will receive a late penalty of 5% (of the original available mark) for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students, whichever is shorter. However, where an extension has been granted by the UC, this above does not apply.

Review and appeal of academic decisions For processes guiding the review and appeal of University academic decisions (related to credit, assessment, final unit grades, progress status and special consideration) see the Review and Appeal of Academic Decisions Procedure. ( Page 9

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Academic integrity What is academic integrity? At the University of Tasmania, academic integrity requires all students to act responsibly, honestly, ethically, and collegially when using, producing, and communicating information with other students and staff members. The University community is committed to upholding the Statement on Academic Integrity. Breaches of academic integrity such as plagiarism, contract cheating, collusion and so on are counter to the fundamental values of the University. A breach is defined as being when a student: a) fails to meet the expectations of academic integrity; or b) seeks to gain, for themselves or for any other person, any academic advantage or advancement to which they or that other person is not entitled; or c) improperly disadvantages any other member of the University community. The University and any persons authorised by the University may submit your assessable works to a text matching service, to obtain a report on possible breaches such as plagiarism or contract cheating. Substantiated breaches can result in a range of sanctions which are outlined in the Student Academic Integrity Ordinance. More information is available from the Academic Integrity site for students on the Student Portal.

Academic Integrity Training Module As part of the University’s educative approach to academic integrity, there is a short Academic Integrity Training Module on MyLO that all students are required to complete. Completion of the module allows you to demonstrate your understanding of what constitutes a breach of academic integrity. All commencing students (pre-degree through to higher degree by research) are required to complete the Academic Integrity module available through MyLO. If you do not complete this module your final unit results will be withheld. You should aim to complete the module within the first few weeks of commencing study at the University.

Academic referencing In your written work you will need to support your ideas by referring to scholarly literature, works of art and/or inventions. It is important that you understand how to correctly refer to the work of others, and how to maintain academic integrity. Failure to appropriately acknowledge the ideas of others constitutes academic dishonesty (plagiarism), a matter considered by the University of Tasmania as a Page 10

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serious offence. The appropriate referencing style for this unit is The Australian Guide to Legal Citation (4th edition). The online version is available through the University of Melbourne, AGLC4, and a paper copy is also available through the Co-Op bookshop. The University library provides information on presentation of assignments, including referencing styles and should be referred to when completing tasks in this unit. Please read the following statement on plagiarism. Should you require clarification please see your unit coordinator or lecturer. If, after consulting the Australian Guide to Legal Citation students have any doubts about how to refer to the work of others in assignments, please consult the academic integrity resources on the Academic Integrity website at http://www.academicintegrity.utas.edu.au/ or consult a lecturer for relevant referencing guidelines. Plagiarism Plagiarism is a form of cheating. It is taking and using someone else's thoughts, writings or inventions and representing them as your own; for example, using an author's words without putting them in quotation marks and citing the source, using an author's ideas without proper acknowledgment and citation, copying another student's work. If you have any doubts about how to refer to the work of others in your assignments, please consult your lecturer or tutor for relevant referencing guid...