MLP334 - Evidence
Unit details
| Year | 2025 unit information |
|---|---|
| Enrolment modes: | Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Online, Community Based Delivery (CBD)* |
| Credit point(s): | 1 |
| EFTSL value: | 0.125 |
| Previously coded as: | MLL334 |
| Unit Chair: | Trimester 1: Shu Zhang Trimester 2: Nathan Van Wees |
| Cohort rule: | For Bachelor of Laws (including combined Law awards) students only |
| Prerequisite: | Students must have passed MLP218 |
| Corequisite: | Nil |
| Incompatible with: | Nil |
| Educator-facilitated (scheduled) learning activities - on-campus unit enrolment: | Online independent and asynchronous collaborative learning up to a maximum of 1 hour each week and 1 x 1.5 hour on-campus lecture (recordings provided) each week and 1 x 2 hour on-campus seminar (recordings provided) offered in weeks 4-11 |
| Educator-facilitated (scheduled) learning activities - online unit enrolment: | Online independent and asynchronous collaborative learning up to a maximum of 1 hours each week and 1 x 1.5 hour online lecture (recordings provided) each week and 1 x 2 hour online seminar (recordings provided) offered in weeks 4-11. |
| Typical study commitment: | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. This will include educator guided online learning activities within the unit site. |
Note:*Community Based Delivery (CBD) is for National Indigenous Knowledges, Education, Research and Innovation NIKERI Institute students only. | |
Content
The unit aims to give students an understanding of the law relating to the collection and use of information pertaining to the subject matter of criminal and civil proceedings. The rationale for the rules comprising the law of evidence and the values they reflect will also be considered. Topics include: the theoretical foundations of the rules of evidence; competence and compellability of witnesses; burden and standard of proof; privilege; examination of witnesses; the accused as a witness; similar fact evidence; documentary evidence; opinion evidence; admissions and confessions; the hearsay rule and its exceptions; illegally obtained evidence and corroboration. The unit covers the Uniform Evidence Act and common law rules.
Learning Outcomes
| ULO | These are the Unit Learning Outcomes (ULOs) for this unit. At the completion of this unit, successful students can: | Alignment to Deakin Graduate Learning Outcomes (GLOs) |
|---|---|---|
| ULO1 | Identify, interpret, and assess the rules of evidence that govern the information that courts can consider in deciding upon disputed issues of fact. | GLO1: Discipline-specific knowledge and capabilities GLO4: Critical thinking |
| ULO2 | Research, analyse and apply evidentiary standards to complex issues and present a persuasive argument for the admission or exclusion of the evidence. | GLO1: Discipline-specific knowledge and capabilities GLO2: Communication |
| ULO3 | Critically assess, debate, and evaluate court decisions and hypothetical fact-scenarios. | GLO1: Discipline-specific knowledge and capabilities |
| ULO4 | Plan and complete a witness examination. | GLO1: Discipline-specific knowledge and capabilities |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: (Individual) Oral Advocacy | 15 minutes | 20% | Weeks 7-11 |
| Assessment 2: (Individual) Problem-based written assignment | 2000 words | 30% | Week 6 |
| Examination: Specified resources | 2 hours | 50% | End-of-unit assessment period |
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Hurdle requirement
Hurdle requirements: Participation in the mock trial (Assessment 1): includes an individual oral assessment and each student playing two additional parts (a witness and counsel) essential for evidencing achievement of the ULOs 1, 2, 4
Learning resource
The texts and reading list for MLP334 can be found via the University Library.
Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
Unit Fee Information
Fees and charges vary depending on the type of fee place you hold, your course, your commencement year, the units you choose to study and their study discipline, and your study load.
Tuition fees increase at the beginning of each calendar year and all fees quoted are in Australian dollars ($AUD). Tuition fees do not include textbooks, computer equipment or software, other equipment or costs such as mandatory checks, travel and stationery.
For further information regarding tuition fees, other fees and charges, invoice due dates, withdrawal dates, payment methods visit our Current Students website.