LAWS5117 Advanced Evidence and Proof

Credit
6 points
Offering
AvailabilityLocationMode
Not available in 2020UWA (Perth)Face to face
Content
This unit is aimed at students interested in litigation. 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 and generalisations in proving a case. It outlines a practical method for constructing and attacking arguments about disputed questions of fact. 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
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.
  • Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.