LAWGENRL 415 : Evidence
Law
2024 Semester Two (1245) (15 POINTS)
Course Prescription
Course Overview
Capabilities Developed in this Course
Capability 3: | Knowledge and Practice |
Capability 4: | Critical Thinking |
Capability 5: | Solution Seeking |
Capability 6: | Communication |
Capability 8: | Ethics and Professionalism |
Learning Outcomes
- Identify and apply the correct principles and rules of evidence to particular situations. (Capability 3.1)
- Critically evaluate issues of principle and policy raised by the current law of evidence. (Capability 4.1 and 4.2)
- Evaluate potential reforms to the law of evidence. (Capability 5.1)
- Advocate effectively for particular applications of the law of evidence as client representation requires. (Capability 6.1)
- Exercise independent judgement, make principled decisions and engage in self-directed learning about the law of evidence. (Capability 8.1)
Assessments
Assessment Type | Percentage | Classification |
---|---|---|
Quiz | 5% | Individual Test |
Assignments | 25% | Individual Coursework |
Final Exam | 70% | Individual Examination |
3 types | 100% |
Assessment Type | Learning Outcome Addressed | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | ||||||
Quiz | ||||||||||
Assignments | ||||||||||
Final Exam |
Workload Expectations
This is a standard 15-point course. There will be 36 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 150 hours.
Delivery Mode
Campus Experience
Attendance is expected at lectures.
Lectures will be available as recordings.
Learning 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.
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.
Digital links to the course materials will be available via Canvas. No additional text need be purchased. However, students must obtain a copy of the Evidence Act 2006. This is available online at http://www.legislation.govt.nz/ and on the course Canvas website. Additional materials may be made available from time-to-time and will be posted on Canvas.
The following study resources are also available at the Davis Law Library:
— A text that is strongly recommended for this course is Elisabeth McDonald and Scott Optican Mahoney on Evidence: Act and Analysis (Thomson Reuters, Wellington, 2018) (KN390 L1 MAHe) which thoroughly covers the Evidence Act 2006 and its operation. It includes the full text of the Act and all regulations to the date of publication.
— For a more in-depth examination of specific aspects of the Evidence Act 2006 in criminal cases, see McDonald, Principles of Evidence in Criminal Cases (Brookers Ltd, Wellington, 2012) (KM600 L1 MDO).
— Students will also find useful Optican & Sankoff, Evidence Act Revisited for Criminal Lawyers (NZLS CLE Intensive Seminar Series: February 2010) (KL28 004 NZLSs 2010e).
— Another useful text on the Evidence Act 2006 is Gallivan, Evidence (LexisNexis NZ Ltd, Wellington, 2008) (KN390 L1 GAL).
— For the most current cases, students can consult the continually updated chapter on “Evidence”, in Adams on Criminal Law (Brookers Looseleaf ed) (also available through Brookers OnLine: see “Adams on Criminal Law – Evidence” at http://www.library.auckland.ac.nz/databases/record/index.asp?record=brookers).
— Recent case law on the Evidence Act 2006 can also be accessed through Cross on Evidence (available through LexisNexis Online at http://www.library.auckland.ac.nz/databases/record/index.asp?record=LexNZ).
— A useful summary of each year’s evidence case law by Auckland Law School Associate Professor Scott Optican is also published annually or bi-annually in the New Zealand Law Review.
— The New Zealand Law Journal and Capital Letter are also good, current sources of cases and articles dealing with evidence law.
As appropriate, information will be made available on the LAWGENRL 401 course page on Canvas: login at http://canvas.auckland.ac.nz.
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.
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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
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 http://disability.auckland.ac.nz
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.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.