LAWS5117 Advanced Evidence and Proof

Credit
6 points
Offering

If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.

AvailabilityLocationMode
Not available in 2021UWA (Perth)Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Content
This unit is about proof and persuasion. It is designed for students who are interested in litigation or who want to improve their ability to be persuasive. It focuses on preparation for trial, and encourages rigorous analysis of facts and robust analysis of how a case is proven. It deals with the use of facts, arguments, inferences, stories and generalisations in proving a case. It outlines a practical method for constructing and attacking arguments about disputed questions of fact in a persuasive way. The unit complements other law studies in forensic advocacy and trial procedure.
Outcomes
Students are able to (1) demonstrate an integrated understanding of (a) how and why legal matters are litigated, (b) the role that laws of evidence play in this process, (c) the legal framework surrounding the way that evidence is gathered and tested; (2) demonstrate an ability to recognise and reflect upon (a) the ethical issues associated with the gathering and use of evidence within the trial process, (b) the reasons as to why people decide to litigate; (3) critically evaluate the theory and regulation of discovery, evidence and proof; and identify, interpret and apply key tools of persuasion in marshalling evidence and constructing and deconstructing a legal case; and (4) prepare and present a coherent and persuasive analysis of a case.
Assessment
Indicative assessments in this unit are as follows: (1) proposition exercise; (2) analysis; and (3) recommendations exercise. Further information is available in the unit outline.

Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
Unit Coordinator(s)
Anthony Willinge
Unit rules
Prerequisites:
For Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 Legal Theory and Ethics); for all other students: LAWS3310 Evidence
Incompatibility:
LAWS3327 Advanced Evidence and Proof
Contact hours
Students must attend every day of the intensive period. Refer to the timetable website for further information.
Note
Students must attend every day of the intensive period.

This unit will run every two years. It will next be available in 2020.
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.