LAWGENRL 401 : Evidence
Law
2020 Semester Two (1205) (20 POINTS)
Course Prescription
Course Overview
The law of evidence is the system of legal rules governing how alleged matters of fact are proved or disproved before a court or tribunal. This course is concerned with the forms of evidence that will be accepted by a court, the witnesses who may or must give evidence, the manner in which evidence is presented, and the amount of evidence required to prove a proposition of fact.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
Learning Outcomes
- Identify, explain and evaluate the correct principles and rules of evidence (Capability 1.3 and 2.1)
- Understand and apply the correct principles and rules of evidence to particular situations (Capability 3.3)
- Critically reflect on the principles and policy issues raised in evidence law, including the desirability of reform (Capability 3.1 and 3.2)
- advocate effectively, persuasively, and ethically for particular applications of the law of evidence as client representation requires (Capability 2.3 and 4.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Final Exam | 70% | Individual Coursework |
| Test | 30% | Individual Coursework |
| Quizzes | Individual Coursework | |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |||||||
| Final Exam | ||||||||||
| Test | ||||||||||
| Quizzes | ||||||||||
The summative assessment will be a closed-book examination, based on multiple long problem questions, which is made up of approximately 50% multiple-choice questions and 50% short-answers questions with strict word limits. The final exam will comprise 70% of students ‘ grades.
Learning Resources
MAHONEY ON EVIDENCE: ACT & ANALYSIS (Elisabeth McDonald & Scott Optican, eds., 2018) is the required text for the course.
Students should also have a copy of the Evidence Act 2006, which is available online at http://www.legislation.govt.nz, on the course Canvas site, and in the Mahoney text. Students should bring a copy of the Evidence Act 2006 to every class, either in digital or paper form.
The High Court Rules and Evidence Regulations are also available online at: http://www.legislation.govt.nz.
Additional materials may occasionally be handed out or posted on the class Canvas site.
Workload Expectations
This is a standard 20-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz
Most of the materials that we will read, as well as much of our discussion in class, will use the pronouns “he/him/his” or “she/her/hers.” Of course, gender is not binary, and some people prefer to use “they/them/their” or “ze/hir” for individuals. I try to limit the use of pronouns, but when pronouns are necessary, sometimes having a singular pronoun match a singular noun can be important for clarity. If you have a preferred pronoun, please let me know at your earliest convenience. If I refer to you by an incorrect pronoun, please also let me know that, so that I can correct my mistake.
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.