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MLL334 - Evidence

Year:

2021 unit information

Important Update:

Unit delivery will continue to be provided in line with the most current COVIDSafe health guidelines. This may include a mix of on-campus and online activities. To find out how you are impacted, please check your unit sites for announcements and updates. Unit sites open one week prior to the start of each Trimester/Semester.

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Last updated: 4 June 2021

Enrolment modes:Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Cloud (online)
Trimester 2: Burwood (Melbourne), Cloud (online)
Credit point(s):1
EFTSL value:0.125
Unit Chair:Trimester 1: Shiri Krebs
Trimester 2: Shu Zhang
Cohort rule:

For Bachelor of Laws (including combined Law awards) students only

Prerequisite:

MLL114 and MLL218

Corequisite:Nil
Incompatible with: Nil
Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

Scheduled learning activities - campus:

Online independent and collaborative learning activities (1 hour)  + 1.5 hour large group interactive learning experience per week + 2 hour seminar in weeks 4-11

Scheduled learning activities - cloud:

Online independent and collaborative learning activities (1 hour)  + 1.5 hour large group interactive learning experience (live streamed and recording provided) per week + 2 hour online seminar (live streamed and recording provided)  in weeks 4-11

Content

The unit aims to give students an understanding of the law relating to the collection and use of information pertaining to the subject matter of criminal and civil proceedings. The rationale for the rules comprising the law of evidence and the values they reflect will also be considered. Topics include: the theoretical foundations of the rules of evidence; competence and compellability of witnesses; burden and standard of proof; privilege; examination of witnesses; the accused as a witness; similar fact evidence; documentary evidence; opinion evidence; admissions and confessions; the hearsay rule and its exceptions; illegally obtained evidence and corroboration. The unit covers the Uniform Evidence Act and common law rules.

ULO These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: Deakin Graduate Learning Outcomes
ULO1

Identify, interpret, and assess the rules of evidence that govern the information that courts can consider in deciding upon disputed issues of fact

GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical thinking

ULO2

Research, analyse and apply evidentiary standards to complex issues and present a persuasive argument for the admission or exclusion of the evidence

GLO1: Discipline-specific knowledge and capabilities
GLO2: Communication

ULO3

Critically assess, debate, and evaluate court decisions, as well as hypothetical fact-scenarios, on the admissibility of evidence, incorporating evidentiary standards, substantive law, comparative law, and policy considerations

GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical thinking
GLO5: Problem solving

ULO4

Plan and execute a witness examination that comports with evidentiary standards and that persuasively establishes a fact in issue in the case; anticipate and respond to evidentiary objections that may be raised during your examination

GLO1: Discipline-specific knowledge and capabilities
GLO2: Communication
GLO5: Problem solving

These Unit Learning Outcomes are applicable for all teaching periods throughout the year

Assessment

Assessment Description Student output Grading and weighting
(% total mark for unit)
Indicative due week 
Assessment 1: (Individual) Simulation 15 minutes 20% Weeks 7-11
Assessment 2: (Individual) Problem Based Written Assignment 2000 words 30% Week 6
Open Book Examination 2 hours 50% Exam period

The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.

Hurdle requirement

Hurdle requirements: Completion of the simulation assessment (Assessment 1) and playing two additional parts (a witness and counsel)

Learning Resource

The texts and reading list for the unit can be found on the University Library via the link below: MLL334 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.

Unit Fee Information

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