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2023 unit information
Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Online, Community Based Delivery (CBD)*Trimester 2: Online
For Bachelor of Laws (including combined Law awards) students only
MLL114 and MLL218
Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.
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
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
*Community Based Delivery (CBD) is for NIKERI students only
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.
Identify, interpret, and assess the rules of evidence that govern the information that courts can consider in deciding upon disputed issues of fact.
ULO2
Research, analyse and apply evidentiary standards to complex issues and present a persuasive argument for the admission or exclusion of the evidence.
ULO3
Critically assess, debate, and evaluate court decisions and hypothetical fact-scenarios.
GLO1: Discipline-specific knowledge and capabilitiesGLO4: Critical thinkingGLO5: Problem solving
ULO4
Plan and complete a witness examination.
GLO1: Discipline-specific knowledge and capabilitiesGLO2: CommunicationGLO5: Problem solving
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 requirements: Participation in the mock trial (Assessment 1): includes an individual oral assessment and each student playing two additional parts (a witness and counsel) essential for evidencing achievement of the ULOs 1, 2, 4
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.
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