MLJ713 - Evidence Law and Policy

Unit details

Note: You are seeing the 2022 view of this unit information. These details may no longer be current.
Year:

2022 unit information

Enrolment modes:Trimester 1: Online
Trimester 2: Online
Credit point(s):1
EFTSL value:0.125
Unit Chair:Trimester 1: Theo Alexander
Trimester 2: Shu Zhang
Cohort rule:

For M729 (Juris Doctor) students only

Prerequisite:

MLJ701, MLJ703 and MLJ707

Corequisite:Nil
Incompatible with: Nil
Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

Scheduled learning activities - cloud:

1 x 2h class (recordings provided) + 2h online seminar (live streamed and recordings provided) per week

Content

This unit aims to equip students with the knowledge and ability to apply, critically evaluate and effectively communicate evidence law, and develop a deep appreciation of major policy issues and developments in the law. Topics include: 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, identification evidence, unreliable evidence and corroboration, and discretion to exclude evidence.

ULO These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: Deakin Graduate Learning Outcomes
ULO1

Explain the objectives and rationales of evidence law

GLO1: Discipline-specific knowledge and capabilities

ULO2

Explain and critically evaluate the influences that shape the law of evidence

GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical thinking 

ULO3

Explain, analyse and critique the rules which govern the admissibility of evidence

GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical thinking

ULO4

Apply the rules of evidence to factual scenarios in both the criminal and civil law settings

GLO4: Critical thinking
GLO5: Problem solving

ULO5

Prepare written responses to the admissibility of evidence and with emphasis on the justification for the conclusion

GLO2: Communication
GLO5: Problem solving
GLO6: Self-management

ULO6

Explain and critically evaluate the manner in which evidence law impacts on negotiations and outcomes not in a court setting

GLO4: Critical thinking 
GLO6: Self-management

These Unit Learning Outcomes are applicable for all teaching periods throughout the year

Assessment

Trimester 1:
Assessment Description Student output Grading and weighting
(% total mark for unit)		 Indicative due week
Assessment 1: (Individual) Assignment 4000 words 40% Week 6
Examination (Open Book) 2 hours 60% Exam period
Trimester 2:
Assessment Description Student output Grading and weighting
(% total mark for unit)		 Indicative due week
Assessment 1: (Individual) Assignment 4000 words 40% Week 6
Examination (Open Book, Proctored) 2 hours 60% Exam 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.

Learning Resource

The texts and reading list for the unit can be found on the University Library via the link below: MLJ713 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

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