Evidence, along with Civil Dispute Resolution, is a vital process-focused topic.

This unit introduces students to the legal rules governing the adducing of evidence and the proof of facts in both civil and criminal trials.

This unit will cover the following topics:

• the sources of evidence law
• pre-trial evidentiary and procedural steps
• the role of judge and jury in the trial process, including the discretionary exclusion of evidence by judges (for example in relation to illegally obtained evidence) and judicial warnings, comments and directions to the jury
• relevance
• competence and compellability
• privilege
• different kinds of evidence, including documentary and real evidence
• the examination of witnesses
• burdens and standards of proof; and
• the various exclusionary rules, such as hearsay, opinion, admissions and confessions, credibility and character, tendency/coincidence evidence and identification evidence.

The focus of the unit will be on the primary legislative sources of the Evidence Act 1995 (NSW) and the Evidence Act 1995 (Cth), as well as the case law interpreting important provisions of that legislation.

The common law will also be considered to the extent that it is relevant in informing the operation of the legislation or where it operates because of gaps in, or omissions from, the legislation.