Course overview
Evidence and Advocacy is the study of "proof"; particularly, what proof is in legal proceedings and how 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 Australian courts. These laws determine the evidence that 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 criminal proceedings. In this context, criminal procedure is itself examined, particularly police investigative process, prosecution and defence obligations prior to and at trial, and the techniques, limitations and requirements for eliciting, challenging and scrutinising evidence for the purpose of considering whether it amounts to proof.
Course learning outcomes
- The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. 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- corroborationCRIMINAL LAW AND PROCEDURE- elements of criminal procedure- classification of offences- process to compel appearance- preliminary examination- trial of indictable offencesETHICS AND PROFESSIONAL RESPONSIBILITYProfessional and personal conduct in respect of a practitioner's duty:(a) to the law(b) to the Courts(c) to clients, including a basic knowledge of the principles relating to the holding of money on trust(d) to fellow practitioners1Undertake legal research at an advanced level, and evaluate and apply a diverse range of legal information to complex evidential problems.
- Apply evidence rules in a principled and critical manner as appropriate in South Australian and Federal courts.
- Structure and sustain effective written and oral arguments for a legal audience.
- Exercise sound professional judgement in the application of trial and appellate litigation techniques and practice.
- Compare and contrast the ethical roles of lawyers within South Australian and Federal courts.
- Demonstrate advanced capacity to use feedback to inform personal and professional development.