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LWZ316 - Evidence

2025

Sector

Higher Education

Discipline

Law

Credit Points

Equivalent Units

Prerequisites

Must have passed 1 unit in (LWZ111, LWZ115) OR
Must have passed 1 unit in (LWZ001) OR
Must have passed 1 unit in (LWZ100A) AND Must have passed 1 unit in (LWZ100B)

Incompatible

Assumed Knowledge

Unit Description

This unit covers the Priestly 11 requirements in respect to understanding the law governing the admissibility of evidence in civil and criminal proceedings. Students will gain an understanding the law governing the admissibility of evidence in civil and criminal proceedings.
Topics examined in this unit include:

Introduction.
Competence and compellability.
Privilege.
The examination of witnesses.
Disposition and character.
Similar fact evidence.
The accused as a witness.
Burden and standard of proof.
Documentary evidence.
Opinion evidence and prior determination.
Hearsay:
- the exclusionary rule
- the common law and statutory exceptions.
Admissions and confessions in criminal cases
Illegally obtained evidence and confirmation by subsequent fact.
Res gestae.
Corroboration

Unit Learning Outcomes

1.	Identify, discuss and analyse important themes and foundational concepts in the law of Evidence
2.	Analyse and evaluate the structure and features of the law of Evidence in civil and criminal proceedings with a particular focus on Australian Uniform Evidence Law.
3.	Critically evaluate evidential issues and legal mechanisms by operation of uniform evidence law. This includes an understanding of the principles, legislation and case law underpinning the law of evidence. Students will also be able to engage in the international, transnational and comparative issues which can arise
4.	Identify, discuss and critically analyse the major features, principles and case law of Uniform Evidence Law in Australia generally, and in particular the Northern Territory
5.	Apply legal problem solving skills by using Uniform Evidence Law principles and, legislation and case law in providing advice on evidence in hypothetical problem questions and case law situations.
6.	Communicate in ways that are persuasive and effective for legal and non-legal audiences, in written and oral form, in evidence law context.

Assessment Overview

	Assessment Task	Value (of total mark)	Related Learning Outcome/s
1.	Written reflection (150 words)	5%	1,6
2.	Research Assignment (2500 words)	35%	1,4,5,6
3.	Centrally Invigilated Exam (3 hours) (Hurdle)	60%	1,2,3,4,5,6

Unit Availability

Year	Semester	Att Mode	Location	Learning Method	Timetable*
2025	Semester 1	Internal	Danala - Education and Community Precinct	OLR
2025	Semester 1	External	External Studies	OLR

* Timetable will be displayed in new tab or window depending on your browser's configuration; ensure Pop-ups are allowed for this site to view the timetable.

OLR: Internet access is required for this unit as students are required to access study materials provided on-line through Learnline. Please log into Learnline on the first day of each teaching period. For more information about Learnline, please click here.

Critical Dates

Important Dates for Students

Fee Information:
Fees and Payments
Student Services and Amenities Fees
2024 Domestic Unit Fees (PDF)