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Undergraduate courses

Course Information

Law of Evidence

Module summary

Module code: LAW0809
Level: 6
Credits: 30
School: Liberal Arts and Sciences
Department: Law and Criminology
Module Coordinator(s): Louise Hewitt

Specification

Pre and co requisites

None.

Aims

The Law of Evidence, although not a designated ‘core’ subject, is fundamental to the practice of the Law. An understanding of the substantive principles of legal liability needs to be complemented with an equally thorough understanding of the methods of proof and the rules which govern the admissibility of evidence.
In other words, the Law of Evidence goes beyond an understanding of what the Law ‘is’ towards ‘how is the Law to be proved’. The course is aimed primarily at those students who intend to qualify as legal practitioners and therefore adopts a stance that is both practical and skills-based. This reflected in the syllabus, the course content, the teaching and the method of assessment. The Law of Evidence is also an interesting academic course in its own right, dealing with the basics of legal method, Law and language and legal reasoning and legal logic. The subject also raises issues of the protection of human rights, in particular the right to a fair trial, and these issues are integrated into the entire course in a holistic manner.

Learning outcomes

On successful completion of this module a student will be able to:
1. Effectively use the skills of academic legal writing, legal argumentation and legal research appropriate to Level 6 including accurate legal terminology.
2. Explain and illustrate rules and principles of key areas of the law of evidence.
3. Apply rules of evidence to a range of scenarios reaching plausible and reasoned conclusions.
4. Explain and critically evaluate judicial warnings to the jury.
5. Critically examine the public policy issues concerning the law of evidence, especially those pertinent to the right to a fair trial.

Indicative content

The course will include the following: witness testimony; adverse inferences; hearsay evidence; confessions; the admissibility of illegally obtained evidence; the burden and standard of proof; character evidence; expert opinion and forensic evidence.

Teaching and learning activity

Workshops: This module will be taught via two-hour workshops where students will benefit from discussions in addition to learning substantive content.
Self-Directed Learning: This will focus on aspects of the taught course and will enhance the learning.

Assessment

Legal problem-based question (Coursework): 40% weighting, 40% pass mark.
Learning Outcomes: 1 - 4.
Word Length: 2000.
Outline Details: A legal problem question will require students to demonstrate their problem-solving skills using the legal rules they have learnt on the module.

Essay: 60% weighting, 40% pass mark.
Learning Outcomes: 1 - 5.
Word Length: 3000.
Outline Details: The research essay will require students to demonstrate their understanding of the foundational principles in the law of evidence including the presumption of innocence, the right to examine witnesses, and the admissibility of evidence.

Formative Assessment: Formative assessments are undertaken in the form of practice questions and in class discussions where feedback is given verbally and in writing. One of the key formative assessments will be an essay plan that will provide feedback that can be fed directly into the last assessment which is the essay. There will also be a practical workshop on forensic science.