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TLLB210 Evidence Law

TLLB210 Evidence Law
 Campus:  Eveleigh, NSW 2015
 Units of Credit:  6
 Pre-requisite or Co-requisite: Pre-requisites: TLLB101 Legal Process; TLLB102 Legal Method; TLLB103 Torts; TLLB104 Criminal Law and Procedure; TLLB105 Contract Law; TLLB208 Civil Dispute Resolution.
 EFTSL*:  0.125
 Indicative Contact Hours per Week:  4 
 Tuition Fee  See Tuition Fee Schedule
 Application Date:  See Key Dates
 Unit Overview:

Evidence, along with Civil Dispute Resolution, is a vital process-focused topic.

This unit introduces students to the legal rules governing the adducing of evidence and the proof of facts in both civil and criminal trials.

The topics covered include:

  • the sources of evidence law;
  • pre-trial evidentiary and procedural steps;
  • the role of judge and jury in the trial process, including the discretionary exclusion of evidence by judges (for
  • example in relation to illegally obtained evidence) and judicial warnings, comments and directions to the jury;
  • relevance;
  • competence and compellability;
  • privilege;
  • different kinds of evidence, including documentary and real evidence;
  • the examination of witnesses;
  • burdens and standards of proof; and
  • the various exclusionary rules, such as hearsay, opinion, admissions and confessions, credibility and character, tendency/coincidence evidence and identification evidence.

The focus of the unit will be on the primary legislative sources of the Evidence Act 1995 (NSW) and the Evidence Act 1995 (Cth), as well as the case law interpreting important provisions of that legislation.

The common law will also be considered to the extent that it is relevant in informing the operation of the legislation or where it operates because of gaps in, or omissions from, the legislation.

 *EFTSL = Equivalent full-time study load