LLB303 Evidence
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB303 |
|---|---|
| Prerequisite(s): | LLB106 or LWB239 |
| Equivalent(s): | LWB432 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLB303 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB106 or LWB239 |
| Equivalent: | LWB432 |
| Coordinator: | Alex Deagon | alex.deagon@qut.edu.au |
Overview
Evidence is a core unit in the law degree. Knowledge of the rules of evidence and of the procedures by which it must be tendered and dealt with in court is necessary for the conduct of litigation as either a barrister or a solicitor and for admission to practice. This unit builds upon your study of criminal procedure in LLB106 Criminal Law.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply the rules of evidence that operate in Queensland to real world fact scenarios (CLOs 1.1, 2.1)
- Utilise the rules of evidence to advocate for a client and address their needs (CLOs 1.1, 2.2)
- Critically analyse the rules of evidence and identify possibilities for reform as appropriate (CLOs 1.1, 2.3)
- Analyse how the rules of evidence operate in a wider context, taking into account the impact of technology on legal work and Indigenous Australians, and diverse cultural perspectives (CLO 1.2, 1.3, 1.5)
- Apply ethical standards and professional responsibility within the law and legal profession in the context of trial advocacy (CLO 5.1)
- Effectively construct and communicate oral and written arguments (CLOs 4.1, 4.2)
Content
The content of this unit includes:
- Introduction to Evidence
- Burden and Standard of Proof
- Judicial discretion to exclude
- Objections
- The Trial Process
- Competence and compellability
- Privilege
- Examination of Particular Classes of Witnesses
- Accused and co-accused as witnesses
- Corroboration
- Documentary Evidence
- Real Evidence, visits and views
- Hearsay
- Statutory and common law exceptions to hearsay and res gestae
- Admissions and Confessions
- Circumstantial Evidence
- Propensity and Similar Fact Evidence
- Disposition and Character Evidence
- Opinion Evidence
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’). This unit covers all of the topics within the core areas of knowledge for Evidence.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
- Discussions in live tutorials
- Collaborative problem-solving in live tutorials
Feedback on Learning and Assessment
- Discussions in tutorials and lectures
• Feedback included in formative activities
• The individual feedback provided on assessment (with the completed Criteria Referenced Assessment forms where relevant)
• Generic feedback posted on the unit's Canvas for each item of assessment, and
• The option of consultation with a member of the teaching team
Assessment
Overview
In this unit students are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Video (oral) Advocacy Exercise
Acting as defence counsel, you will apply the rules of evidence to a factual scenario and advocate to the court on behalf of your client. You will video record your oral advocacy and submit the video online.
The late submission period does not apply, and no assignment extensions are available.
Assessment: Written Advocacy Exercise
Acting as either the defence counsel or prosecution, you will argue from your client's perspective whether the applicable evidence in a given fact scenario is admissible and analyse relevant evidential issues and procedures. Your submission should demonstrate awareness of ethical standards and professional responsibilities. Your argument will be presented in the form of a written submission to the court.
The late submission period does not apply, and no assignment extensions are available.
Assessment: Open-book Exam
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
D Field, W van Caenegem and C Duffy, Queensland Evidence Law (LexisNexis, 6th ed, 2022)
Recommended text(s)
JD Heydon Cross on Evidence (LexisNexis, 14th ed, 2022)
Risk Assessment Statement
Apart from the explicit materials dealt with in the subject, there are no out-of-the-ordinary risks associated with it.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The impact of technology on key areas of law and legal work
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The application, operation and evolution of law in diverse, changing and global contexts
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The impact of technology on key areas of law and legal work
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The role of law in achieving sustainable futures
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB303 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB106 or LWB239 |
| Equivalent: | LWB432 |
Overview
Evidence is a core unit in the law degree. Knowledge of the rules of evidence and of the procedures by which it must be tendered and dealt with in court is necessary for the conduct of litigation as either a barrister or a solicitor and for admission to practice. This unit builds upon your study of criminal procedure in LLB106 Criminal Law.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply the rules of evidence that operate in Queensland to real world fact scenarios (CLOs 1.1, 2.1)
- Utilise the rules of evidence to advocate for a client and address their needs (CLOs 1.1, 2.2)
- Critically analyse the rules of evidence and identify possibilities for reform as appropriate (CLOs 1.1, 2.3)
- Analyse how the rules of evidence operate in a wider context, taking into account the impact of technology on legal work and Indigenous Australians, and diverse cultural perspectives (CLO 1.2, 1.3, 1.5)
- Apply ethical standards and professional responsibility within the law and legal profession in the context of trial advocacy (CLO 5.1)
- Effectively construct and communicate oral and written arguments (CLOs 4.1, 4.2)
Content
The content of this unit includes:
- Introduction to Evidence
- Burden and Standard of Proof
- Judicial discretion to exclude
- Objections
- The Trial Process
- Competence and compellability
- Privilege
- Examination of Particular Classes of Witnesses
- Accused and co-accused as witnesses
- Corroboration
- Documentary Evidence
- Real Evidence, visits and views
- Hearsay
- Statutory and common law exceptions to hearsay and res gestae
- Admissions and Confessions
- Circumstantial Evidence
- Propensity and Similar Fact Evidence
- Disposition and Character Evidence
- Opinion Evidence
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’). This unit covers all of the topics within the core areas of knowledge for Evidence.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
- Discussions in live tutorials
- Collaborative problem-solving in live tutorials
Feedback on Learning and Assessment
- Discussions in tutorials and lectures
• Feedback included in formative activities
• The individual feedback provided on assessment (with the completed Criteria Referenced Assessment forms where relevant)
• Generic feedback posted on the unit's Canvas for each item of assessment, and
• The option of consultation with a member of the teaching team
Assessment
Overview
In this unit students are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Video (oral) Advocacy Exercise
Acting as defence counsel, you will apply the rules of evidence to a factual scenario and advocate to the court on behalf of your client. You will video record your oral advocacy and submit the video online.
The late submission period does not apply, and no assignment extensions are available.
Assessment: Written Advocacy Exercise
Acting as either the defence counsel or prosecution, you will argue from your client's perspective whether the applicable evidence in a given fact scenario is admissible and analyse relevant evidential issues and procedures. Your submission should demonstrate awareness of ethical standards and professional responsibilities. Your argument will be presented in the form of a written submission to the court.
The late submission period does not apply, and no assignment extensions are available.
Assessment: Open-book Exam
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
D Field, W van Caenegem and C Duffy, Queensland Evidence Law (LexisNexis, 6th ed, 2022)
Recommended text(s)
JD Heydon Cross on Evidence (LexisNexis, 14th ed, 2022)
Risk Assessment Statement
Apart from the explicit materials dealt with in the subject, there are no out-of-the-ordinary risks associated with it.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The impact of technology on key areas of law and legal work
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The application, operation and evolution of law in diverse, changing and global contexts
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, ULO3, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The impact of technology on key areas of law and legal work
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - The role of law in achieving sustainable futures
Relates to: ULO4, Video (oral) Advocacy Exercise, Open-book Exam - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Video (oral) Advocacy Exercise, Written Advocacy Exercise, Open-book Exam - Applying critical perspectives, including theoretical, cultural and social perspectives, to evaluate law and policy
Relates to: ULO3, Open-book Exam - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO6, Video (oral) Advocacy Exercise, Written Advocacy Exercise - Making professional and ethical judgements
Relates to: ULO5, Written Advocacy Exercise, Open-book Exam