Course overview
The aims of this course are to provide students with advanced knowledge and understanding of the rules of evidence within the context of the adversarial system of justice as well as developing skills relevant to ongoing learning and professional practice. The course covers the rules of evidence as applied in South Australian and Federal criminal and civil jurisdictions. Fundamental concepts relating to the adversarial system including the role of the advocate, ethical issues, the burden of proof and judicial discretion are considered. The course also examines the various means of proof: oral testimony, documents and real evidence. Emphasis is placed on the trial process - competence and compellability, examination of witnesses generally, and of particular witnesses whose evidence may require an appreciation of age, gender and cultural differences. The skill of adducing evidence and making objections to evidence will be developed within the context of the trial process. Exclusionary rules such as hearsay, dispositional evidence and opinion evidence and their exceptions are considered in depth.
Course learning outcomes
- Explain and critically evaluate the key operational features of evidence law within the adversarial system of justice
- Analyse and synthesise evidentiary principles from the pertinent statute law, case law and secondary sources and advance novel arguments arising from emerging developments in evidence
- Apply the rules of evidence in a diverse range of complex factual situations and to effectively communicate the results of such application
- Critically analyse aspects of the application of the rules of evidence especially in their wider gender, cultural and socio-economic contexts
- Adduce evidence in a manner which complies with the rules of evidence
- Work collaboratively to apply evidence rules and engage in effective advocacy
- Reflect and respond to aspects of ethical and professional conduct