Studying online
There are now 3 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Units available in Online Restricted mode have been adapted for online study only for those students who require the unit to complete their studies and who are unable to attend campus owing to exceptional circumstances beyond their control. To be enrolled in a unit in Online Restricted mode, students should contact their Student Advising Office through askUWA
Click on an offering mode for more details.
Unit Overview
- Description
Evidence is about the adversarial trial which is our society's primary, ultimate mechanism for determining disputed facts for the purpose of assigning legal liability. The study of the rules of evidence is an examination of procedure and substance. The unit looks at a set of rules which determine the process of a trial and which embodies theories of knowledge and morality—How best do we arrive at a truth? How best do we balance truth and fairness? At a trial, two conflicting stories are told and after hearing the stories, a fact-finder (jury, judge or magistrate) must say 'yes' or 'no' to the story told by the prosecution/plaintiff. It matters, in determining that 'yes' or 'no', what information the fact-finder is allowed to hear, what use they are allowed to make of what they hear, and even how sure they need to be in order to say 'yes'. It is the rules of evidence which determine these things. Students learn the major rules of evidence governing a trial in Western Australia and make comparisons with rules from other jurisdictions. They extend skills of case analysis, legal reasoning and statutory interpretation by considering hypothetical scenarios—Is certain evidence admissible? If so, how can it be used and by whom? Is there enough evidence? Can it be countered? Students extend skills of legal reasoning and critical analysis by exploring the concept of a fair trial as it appears in specific principles and underpins the system of evidence rules as a whole.
- Credit
- 6 points
- Offering
(see Timetable) Availability Location Mode Semester 1 UWA (Perth) Face to face - Outcomes
- Students are able to (1) demonstrate an understanding of (a) evidence law pursuant to the common law and Evidence Act 1906 (WA); (b) the historical origins of particular rules of evidence; (c) the role played by the rules of evidence in proof in different forums; (d) the impact of the rules of evidence when preparing a matter for trial; (e) the significance of differences between state, interstate and Commonwealth rules of evidence and of the potential impact of international developments in evidence; and (f) the evidential requirements and analysis necessary for the purposes of proving a case; (2) demonstrate an appreciation for the potential impact of national and international developments and reforms in evidence; (3) demonstrate an appreciation and understanding of (a) the ethical issues associated with the laws of evidence that constitute the trial; and (b) the fundamental role played by the laws of evidence in determining the proper administration of justice; (4) identify evidence needed to prove a client's case or disprove an opponent's case, according to the rules of evidence, and understand and apply the rules of evidence to diverse factual scenarios; (5) demonstrate an ability to (a) engage in legal research at an advanced level using primary and secondary sources, in text and electronic forms and use appropriate and correct citation methods; and (b) engage in research in related disciplines in order to further an understanding of evidence law in its social context; (6) write a clear and concise answer to a hypothetical legal problem; and (7) demonstrate an appreciation of court etiquette and basic courtroom practice.
- Assessment
Indicative assessments in this unit are as follows: (1) tutorial participation; (2) research assignment; and (3) examination. Further information is available in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Aidan Ricciardo
- Unit rules
- Contact hours
- 4 hours per week
- 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.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.