Unit details

LAWS5117 Advanced Evidence and Proof

Credit

6 points

Offering
(see Timetable)

Availability	Location	Mode
Non-standard teaching period	UWA (Perth)	Face to face

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.

For units commencing in May 2022 or later the availability of the supplementary assessment is subject to confirmation.

Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Except where supplementary assessment is not available in a unit, it will be offered to students in all units who:

• Are in good academic standing overall;
• Have passed over half the units taken in the teaching period concerned, except where they are only enrolled in two or less units in the period;
• Have submitted all assessment items in the unit;
• Have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit; and
• No finding of academic misconduct has been made against them in the unit concerned.

Additionally student may apply for supplementary assessment in any unit which is the final unit required for graduation in there course and where they have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit.

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

Co-requisites:

Nil.

Incompatibility:

LAWS3327 Advanced Evidence and Proof

Approved quota: 60—first come, first serve

Contact hours

Students must attend every day of the intensive period 27 to 30 June. Refer to the timetable website for further information.

Note

This unit will run every two years.