LLAW3322 Evidence

This topic involves a learning of the laws of evidence as they apply in civil and criminal trials in South Australia. While the central focus will be on the common law and the Evidence Act 1929 (SA), students will also be introduced to the Evidence Act 1995 (Cth). In addition to the law of evidence, the topic will also address ethics, the adversarial trial and the diversity of evidence. The topic content tracks the requirements of the Uniform Admission Rules (Priestley requirements).

This topic aims to:

• Assist students to understand the laws of evidence as they apply in civil and criminal trials in South Australia, with a focus on the common law and the Evidence Act 1929 (SA)
• Introduce students to the Evidence Act 1995 (Cth)
• Cover the fields of evidence law listed in the Uniform Admission Rules (Priestley requirements)
• Address ethics and the adversary trial and the diversity of evidence
• Teach students to analyse and evaluate evidence-based problems so they may create solutions based on accepted principle

1. Identify information which is and is not relevant to a material fact in issue
2. Describe the specific use(s) for which information is offered
3. Articulate the chain of reasoning which makes information relevant (or not) to the resolution of issues in a trial
4. Select and apply appropriate exclusionary rules on the matters listed in the Uniform Admission Rules (Priestly requirements)
5. Choose, analyse and apply the correct cases and statutes to a particular evidential issue
6. Recognise the impact of personal characteristics and social attitudes on evidentiary issues
7. Critique the evolution and application of the law of evidence in a social and cultural context