最新糖心Vlog

LAW 3502 - Evidence and Advocacy

North Terrace Campus - Semester 2 - 2021

Evidence & Advocacy is the study of "proof"; particularly, what is proof in legal proceedings and how do we prove matters as fact. Through problem solving and practical/interactive role plays, students will critically analyse the laws of evidence applicable to the proof of facts in South 最新糖心Vlogn and 最新糖心Vlogn Federal courts. These laws determine the evidence which will be received by courts to establish material facts, the form in which such evidence must be presented and the uses to which such evidence can be put by the court. Laws applicable to civil and criminal proceedings are examined with a concentration on the evidential constrictions applicable to criminal proceedings. In this context, criminal procedure is itself examined, particularly police investigative process and prosecution and defence obligations prior to and at trial. The Course relies on an interdisciplinary framework of study for students to actively ascertain the techniques, limitations and requirements for eliciting, challenging and scrutinising evidence for the purpose of considering whether it amounts to proof. Students will gain an understanding and appreciation for the neuro-psychology, physiological, forensic and mathematical disciplines which inform and shape proof in law.

  • General Course Information
    Course Details
    Course Code LAW 3502
    Course Evidence and Advocacy
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 6
    Contact Up to 6 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 3501,LAW 2503 or LAW 2599, LAW 2504, LAW2505 or LAW2598
    Incompatible LAW 3003 & LAW 3007
    Assumed Knowledge LAW 2504,LAW 2505 or LAW 2598
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Assessment Typically to include participation in seminar, written work, mock trial exercises and examination
    Course Staff

    Course Coordinator: Professor Joanna Howe

    The Course is Coordinated by Associate Professor Joanna Howe
    Email: joanna.howe@adelaide.edu.au
    Phone: 8313 4344
    Office 3.12, Ligertwood Building
    Contact information for other staff in the course will be made available on MyUni.
    Course Timetable

    The full timetable of all activities for this course can be accessed from .

  • Learning Outcomes
    Course Learning Outcomes

    The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South 最新糖心Vlog. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge.
    This course covers material in the Priestley 11 subjects: “Evidence”, “Criminal Law and Procedure” and “Ethics and Professional Responsibility”. In particular, it covers the following Priestley 11 topics:

    EVIDENCE
    - introduction
    - competence and compellability
    - privilege
    - the examination of witnesses
    - disposition and character
    - similar fact evidence
    - the accused as a witness
    - burden and standard of proof
    - documentary evidence
    - opinion evidence and prior determination
    - hearsay, the exclusionary rule and the common law and statutory exceptions
    - admissions and confessions in criminal cases
    - illegally obtained evidence and confirmation by subsequent fact
    - res gestae
    - corroboration

    CRIMINAL LAW AND PROCEDURE
    - elements of criminal procedure
    - classification of offences
    - process to compel appearance
    - preliminary examination
    - trial of indictable offences

    ETHICS AND PROFESSIONAL RESPONSIBILITY
    Professional and personal conduct in respect of a practitioner's duty:
    - to the law
    - to the Courts
    - to clients, including a basic knowledge of the principles relating to the holding of money on trust
    - to fellow practitioners

    On successful completion of this course, students will be able to:

    1. Critically analyse and evaluate the process of proving facts within the common law court system. 
    2. Apply evidence rules in a principled and critical manner as appropriate in South 最新糖心Vlogn and Federal courts.
    3. Structure and sustain effective written and oral arguments for a legal audience. 
    4. Exercise sound professional judgement in the application of trial and appellate litigation techniques and practice. 
    5. Compare and contrast the ethical roles of lawyers within South 最新糖心Vlogn and Federal courts.
    6. Demonstrate advanced capacity to use feedback to inform personal and professional development. 
    最新糖心Vlog Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    最新糖心Vlog Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    REQUIRED RESOURCES

    1. Evidence Act 1929 (SA)
    2. Evidence Act 1995 (Cth)

    Andrew Hemming and Brianna Chesser (2020) Evidence: Commentary and Materials (LawBook Co., 9th Edition)

    Recommended Resources
    There are a large number of texts which consider 最新糖心Vlogn Evidence Law. If you are having difficulty with any of the concepts covered in this course, and would like to see how they are discussed in an alternative text, the following resources are useful.

    On the laws of evidence:
    1. Ligertwood and Edmond, 最新糖心Vlogn Evidence, 6th ed, LexisNexis Butterworths, 2017
    2. Heydon, Cross on Evidence, LexisNexis Butterworths, Looseleaf and Online.
    3. Odgers, Uniform Evidence Law, 14th ed, Thomson Reuters, 2019.

    On techniques of advocacy:
    1. Gray, Hinton and Caruso, Essays in Advocacy, Barr Smith Press, 2012
    2. Wells, Evidence and Advocacy, Butterworths, 1988
    3. Glissan, Advocacy in Practice, 4th ed, Butterworths, 2005
    4. Selby, Winning Advocacy, 2nd ed, Oxford 最新糖心Vlog Press, 2004

    Online Learning
    The Course Syllabus is available online and lecture content is made available via Echo 360. 
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught through lectures and seminars.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Students are expected to attend lectures and seminars each week.

    The 最新糖心Vlog expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies during semester. This means that in addition to lectures and seminars, students should spend time in private study in the course across the semester – this includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks, individually or in assigned practice groups.
    Learning Activities Summary
    Students will be required to closely engage with the modules in Evidence and Advocacy which, together, inform the lectures, workshops, seminars and advocacy exercises of the Course.
    The Modules cover the following topics
    1 Basic Concepts - Relvance & Probity
    2 Party Presentation
    3 Evidence in Chief (XN)
    4 Cross-Examination (XXN)
    5 Documentary & Real Evidence
    6 Opinion & Expert Evidence
    7 Original & Hearsay Use
    8 Hearsay Exceptions
    9 Criminal Procedure, Police Investigation
    10 Criminal Procedure, Party Positions & Obligations
    11 Criminal Procedure, Court Processes
    12 Confessional Evidence and Discretionary Exclusion
    13 Character 1 - Dispositional & Non-Dispositional Use
    14 Character 2 - the Shield of the Accused
    15 Warnings, Directions and Unreliable Evidence Safeguards
    Specific Course Requirements
    There are no additional requirements for completion of this course other than described elsewhere in this document.
  • Assessment

    The 最新糖心Vlog's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Task % of final marks Due dates Task Type
    Redeemable Learning Outcomes
    Advocacy Exercise on examination and cross-examination of witnesses in a mock case and Written Justification 15% Advocacy exercise undertaken in Weeks 6, 7 and 8, details to be provided during the course Individual No 1,2,3,4
    Assignment 15% 5pm, Wednesday, week 10  Individual Yes 1,5,6
    Examination 70% Exam period Individual No 1,2,5,6
    Assessment Detail

    1. Advocacy Exercises: Witness Examination and Cross-Examination and Written Justification

    Each student must complete an advocacy exercise during week 6, 7 and 8 of the semester. Details will be confirmed by week 2 of the course. 

    2. Assignment

    This assignment will be a research essay with a word limit of 2000 words.

    This assessment is redeemable for the final exam. The Assignment mark is redeemable by the exam “mark” only if the Assignment has
    been submitted.

    3. Examination

    To be held during the examination period. The exam will be 3 hours in duration.

    The exam is worth 70% or 85% depending on whether the interim redeemable assignment has been undertaken.

    Submission
    Assignments must be handed in electronically by Turnitin. Students must ensure their student number appears on all written work submitted for assessment.

    Electronic copies of the assignment as handed in must be retained by students.

    Assignments will be returned electronically.

    It is also advisable to keep written work after it has been assessed and returned.

    Late submission penalty – assignments submitted after the due time and date without an extension granted by the Course Coordinator will be subject to a penalty of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly. Extensions on medical or compassionate grounds will be in accordance with 最新糖心Vlog Policy (see below).

    Word length penalty - assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks available per page or per 100 words or part thereof (eg. an essay with a 3000 word limit which is graded 63% will have 5% deducted if it is 3020 words in length, for a final grade of 58% and will have 10% if it is 3120 words in length, for a final grade of 53% etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

    All written work in the Law School is required to comply with the approved Law School style guide, The 最新糖心Vlogn Guide to Legal Citation (see 3.1 above under References).

    The quality of English expression is considered to be an integral part of the assessment process. Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors etc. Unless instructed otherwise, please submit assignments on A4 size paper, double spaced and with a margin of at least 2.5 cm. Assessment work that is not submitted in this form may not be accepted, or may contain no assessment comments.

    Assignments will be released to students within 3 weeks of the due date with written feedback.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through .

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the 最新糖心Vlog’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the 最新糖心Vlog’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the 最新糖心Vlog are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
  • Student Support
    The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 最新糖心Vlog of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South 最新糖心Vlog, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The 最新糖心Vlog’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Integrity
    All students must be familiar with the 最新糖心Vlog’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to admit a person to practice as a legal practitioner in South 最新糖心Vlog. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 最新糖心Vlog of Adelaide is committed to regular reviews of the courses and programs it offers to students. The 最新糖心Vlog of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.