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
- Critically analyse and evaluate the process of proving facts within the common law court system
- 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