Details for LAW302 Evidence

A case is only as strong as the evidence that proves it. Evidence grounds you in federal and state evidence law: burdens and standards of proof, competence of witnesses, character, privilege, hearsay and opinion. You’ll learn what is and is not evidence, and what makes material admissible in court. You’ll finish able to argue the difference between criminal and civil standards and apply the right law to the right court.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW302
• Credit points: 10

Subject Coordinator

Prerequisite

LAW205 Torts  

Unit Content

Outcomes

1. Describe the basis of federal and state evidence laws.
2. Apply judgement to discern which evidence law is relevant to the particular court (i.e., state or federal).
3. Critically assess what is and is not evidence and communicate your understanding effectively in oral and written format.
4. Interpret the concept of admissibility and what may and may not be seen as admissible evidence and suggest research-informed improvements to reach admissibility standards.
5. Argue the difference in the standards of proof applied in criminal and civil matters – ‘beyond reasonable doubt’ and ‘on the balance of probabilities’ respectively.

Subject Content

1. Introduction to Evidence
2. Facts which Need not be Proved by Evidence; Estoppels
3. The Burden of Proof and Presumptions; Degrees of Proof
4. The functions of Judge and Jury; The Competence and Compellability of Witnesses
5. Corroboration; The Course of evidence
6. Character and Credibility
7. Similar Fact Evidence; Evidence by Accused Persons
8. Privilege; Public Interest, Opinion
9. The Rule against Hearsay – Part 1
10. The Rule against Hearsay – Part 2
11. The Doctrine of Res Gestae, Documentary Evidence
12. Proof of Frequently Recurring Matters; Subject Revision
13. Examination

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Class Participation  (15%)
2. Class Presentation  (15%)
3. Case Study Analysis of Evidence  (20%)
4. Final Examination  (50%)

Prescribed Text

• J D Heydon, Cross on Evidence (14th ed., LexisNexis, 2023)  
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks