Students

LAWS3400 – Evidence

2021 – Session 2, Infrequent attendance, North Ryde

Session 2 Learning and Teaching Update

The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.

This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.

Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.

Visit the MQ COVID-19 information page for more detail.

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor, Lecturer, Tutor
Ilija Vickovich
Contact via ilija.vickovich@mq.edu.au
6 First Walk 624
Thursdays 1.30pm-2.30pm
Tutor
Keith Williams
Tutor
Kyle Hawthorne
Credit points Credit points
10
Prerequisites Prerequisites
LAWS398 or LAWS3200
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit examines and teaches the principles and rules of evidence in civil and criminal matters in New South Wales. The focus is on the uniform evidence scheme, with particular attention given to the Evidence Act 1995 (NSW) and relevant judicial decisions that affect an interpretation of the Act. The unit starts with an introduction to litigation systems, and then proceeds to the fundamentals of trials, and the statutory and discretionary powers of courts to control their proceedings. The adducing of testamentary, documentary and real evidence is addressed, as are issues relating to proof and relevance. Detailed coverage is then given to the rules of admissibility relating to hearsay, admissions, opinion, tendency, coincidence, credibility, character and identification evidence.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://students.mq.edu.au/important-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Explain the reasons for and describe the principal rules of evidence.
  • ULO2: Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • ULO3: Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • ULO4: Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

General Assessment Information

Late Assessment Submission Penalty

Unless a Disruption to Studies request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.

 

FIT TO SIT MODEL Macquarie University operates under a ‘Fit to Sit’ model. This means that in sitting an exam and/or in-class test or otherwise submitting an assessment (including an online quiz), a student declares themselves fit to do so. Therefore, if a student is feeling unfit to sit the exam or test, or otherwise submit the assessment (as the case may be), they should not do so. If a student sits an exam or test, or otherwise submits an assessment, knowing that they are unfit to do so, they will not be granted Special Consideration.  

It is the responsibility of the student to determine whether they are fit to sit an examination or test or otherwise submit an assessment, or whether a Special Consideration application should be submitted.

A student’s sitting an examination or test or otherwise submitting an assessment will not preclude the student from being granted Special Consideration if the student can demonstrate that:

  • they were unfit to make reasonable judgement on their fitness to undertake the assessment, due to mental illness or other exceptional circumstances;
  • they were taken ill during the assessment (in the case of an examination or test); or
  • other exceptional circumstances beyond their control vitiated the Fit to Sit declaration.

 

Assessment Tasks

Name Weighting Hurdle Due
Early Assessment Quiz 10% No 23:59 22/08/2021
Assignment 30% No 23:59 06/09/2021
Mid-Semester Quiz 10% No 23:59 31/10/2021
Final Take-Home Assessment 40% No 17:00 12/11/2021
Class Participation 10% No Continuing

Early Assessment Quiz

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 1 hours
Due: 23:59 22/08/2021
Weighting: 10%

 

Online Quiz

 


On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.

Assignment

Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 23:59 06/09/2021
Weighting: 30%

 

Hypothetical Problem Assignment

 


On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

Mid-Semester Quiz

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 1 hours
Due: 23:59 31/10/2021
Weighting: 10%

 

Online Quiz

 


On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence

Final Take-Home Assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 2 hours
Due: 17:00 12/11/2021
Weighting: 40%

 

Final Take-Home Assessment

 


On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: Continuing
Weighting: 10%

 

Series of in-class problem solving activities and presentations

 


On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Learning Skills Unit for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

DELIVERY AND RESOURCES Delivery: Day, External

This unit will use: iLearn webpage and Echo recorded lectures

Times and Locations for Lectures and Tutorials For current updates, lecture times and classrooms please consult the MQ Timetables website: http://www.timetables.mq.edu.au.

Prescribed Text:

Bellew, Arthur, Boas and Chifflet: Australian Uniform Evidence Law: Principles and Context, LexisNexis 2019.

 

Recommended Texts

A Ligertwood & G Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 6th ed, LexisNexis, 2017

Hon D Heydon, Cross on Evidence, 11th ed. LexisNexis, 2017

S Odgers, Uniform Evidence Law, 13th ed, Lawbook Co, 2018

M Kumar, E Peden & S Odgers, Uniform Evidence Law: Commentary and Materials, 6th ed, Lawbook Co, 2018

John Anderson, Uniform Evidence Law: Text and Essential Cases, 3rd ed, The Federation Press, 2016

 

Unit Schedule

 

Wk

Week

Commencing

Lecture Topic

Tutorial Topic

1

26 July

Introduction to Evidence

 

No Tutorial

2

2 August

Trials; Judicial Powers and Discretions

 

1  Introduction to Evidence

 

3

9 August

Adducing Evidence I

 

 

2  Trials; Judicial Powers and Discretions

 

4

16 August

Adducing Evidence II

3  Adducing Evidence I

 

 

5

23 August

Proof and Relevance

4  Adducing Evidence II  

 

6

30 August

Hearsay Evidence I

5  Proof and Relevance

 

 

7

6 September

Hearsay Evidence II

6  Hearsay Evidence I

 

 

 

 

Mid-Semester Break

 

8

27 September

Hearsay Evidence III

7  Hearsay Evidence II

 

9

4 October

 

Opinion Evidence

 

 

8  Hearsay Evidence III

 

10

11 October

Tendency and Coincidence Evidence

 

9  Opinion Evidence

 

 

11

18 October

Credibility and Character Evidence

10  Tendency and Coincidence Evidence

 

 

12

25 October

Identification Evidence

 

11  Credibility and Character Evidence

 

 

13

1 November

No Lecture

12  Identification Evidence

 

 

Note: Tutorials commence in week 2

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Any application for extensions of time must comply with the information provided in this Unit Guide under 'Assessment Tasks'. An application in accordance with the university's Special Consideration policy will be required in all cases.

Students requiring special arrangements for the completion of any assessment task (including the final exam) due to any disability must contact Campus Wellbeing and seek advice. The unit convenor will deal with such cases only with the approval of Campus Wellbeing.

 

 

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to help you improve your marks and take control of your study.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Enquiry Service

For all student enquiries, visit Student Connect at ask.mq.edu.au

If you are a Global MBA student contact globalmba.support@mq.edu.au

Equity Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Students with disability who wish to seek special consideration for any assessment item must advise the unit convenor and also formally apply for special consideration for each task.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.