LAW 6002 - Evidence and Advocacy (Hons)
North Terrace Campus - Semester 2 - 2025
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General Course Information
Course Details
Course Code LAW 6002 Course Evidence and Advocacy (Hons) Coordinating Unit Adelaide Law School Term Semester 2 Level Undergraduate Law (LLB) Location/s North Terrace Campus Units 6 Available for Study Abroad and Exchange N Restrictions Available only to Bachelor of Laws Honours students Assessment Typically to include written work, mock trial exercises and a final invigilated examination Course Staff
Course Coordinator: Professor Joanna Howe
Course Timetable
The full timetable of all activities for this course can be accessed from Course Planner.
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Learning Outcomes
Course Learning Outcomes
The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge.
This course covers material in the Priestley 11 subjects: “Evidence”, “Criminal Law and Procedure” and “Ethics and Professional Responsibility”. In particular, it covers the following Priestley 11 topics:
EVIDENCE
- introduction
- competence and compellability
- privilege
- the examination of witnesses
- disposition and character
- similar fact evidence
- the accused as a witness
- burden and standard of proof
- documentary evidence
- opinion evidence and prior determination
- hearsay, the exclusionary rule and the common law and statutory exceptions
- admissions and confessions in criminal cases
- illegally obtained evidence and confirmation by subsequent fact
- res gestae
- corroboration
CRIMINAL LAW AND PROCEDURE
- elements of criminal procedure
- classification of offences
- process to compel appearance
- preliminary examination
- trial of indictable offences
ETHICS AND PROFESSIONAL RESPONSIBILITY
Professional and personal conduct in respect of a practitioner's duty:
(a) to the law
(b) to the Courts
(c) to clients, including a basic knowledge of the principles relating to the holding of money on trust
(d) to fellow practitioners
On successful completion of this course, students will be able to:1 Undertake legal research at an advanced level, and evaluate and apply a diverse range of legal information to complex evidential problems. 2 Apply evidence rules in a principled and critical manner as appropriate in South Australian and Federal courts. 3 Structure and sustain effective written and oral arguments for a legal audience. 4 Exercise sound professional judgement in the application of trial and appellate litigation techniques and practice. 5 Compare and contrast the ethical roles of lawyers within South Australian and Federal courts. 6 Demonstrate advanced capacity to use feedback to inform personal and professional development. University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Attribute 1: Deep discipline knowledge and intellectual breadth
Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.
1 Attribute 2: Creative and critical thinking, and problem solving
Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.
2 Attribute 3: Teamwork and communication skills
Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.
3 Attribute 4: Professionalism and leadership readiness
Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.
4 Attribute 5: Intercultural and ethical competency
Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.
5 Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency
Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.
5 Attribute 7: Digital capabilities
Graduates are well prepared for living, learning and working in a digital society.
1 Attribute 8: Self-awareness and emotional intelligence
Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.
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Learning Resources
Required Resources
REQUIRED RESOURCES
1. Evidence Act 1929 (SA)
2. Evidence Act 1995 (Cth)
Online Learning
The Course Syllabus is available online and lecture content is made available via Echo 360. Students may engage in peer to peer learning
through the online Discussion Board which is moderated by the Course Coordinator. -
Learning & Teaching Activities
Learning & Teaching Modes
The course will be taught through lectures and seminars.
The lectures will focus on the core rules and principles of evidence. They will be recorded.
The workshops will focus on applying the rules of evidence to real world scenarios. They will be recorded but are unlikely to translate well to a recording as they will involve practical activities and group work.
The seminars will focus on evidential problem solving and critical thinking skills. They will not be recorded.
Formative and summative assessment tasks will be undertaken in some workshops and seminars.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
Students are expected to attend lectures, seminars and workshops each week.
The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies during semester. This means that in addition to lectures and seminars, students should spend time in private study in the course across the semester – this includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks, individually or in assigned practice groups.Learning Activities Summary
The following is an indicative program and is subject to change.
1 Basic Concepts - Relevance & Proof 2 Evidence in Chief (XN) 3 Cross-Examination (XXN) 4 Hearsay Evidence 5 Opinion including Expert Evidence 6 Police Powers and Suspect/Defendant Rights 7 Propensity and Similar Fact Evidence 8 Discretions to Exclude Evidence 9 The Shield 10 Sexual Offences 11 Warnings, Directions and Unreliable Evidence Safeguards 12 Revision and Exam Preparation -
Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment Task Weighting Due dates Task Type Redeemable Learning Outcomes Written Assessment 20% Written assessment
Individual No 1,2,3,4 Advocacy Exercise 20% Advocacy exercise
Individual No 1,2,3,4 Examination 60% Exam period Individual No 1-2, 5-6 Additional assessment requirements for the Honours cohort will be communicated at the beginning of the semester. Assessment Detail
Written Assessment Exercise
A written assessment will examine students' ability to apply the substantive laws of evidence to a practical criminal law problem.
Advocacy Exercise
An advocacy exercise based on a criminal law scenario will examine students' advocacy skills and ability to apply the substantive laws of evidence and professional ethics in a practical setting.
Exam
The exam will assess advocacy skills and techniques and the substantive rules of evidence. It will be based on a set of specific questions in relation to an overraching problem question.
Additional assessment requirements for the Honours cohort will be communicated at the beginning of the semester.Submission
No information currently available.
Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M11 (Honours Mark Scheme) Grade Grade reflects following criteria for allocation of grade Reported on Official Transcript Fail A mark between 1-49 F Third Class A mark between 50-59 3 Second Class Div B A mark between 60-69 2B Second Class Div A A mark between 70-79 2A First Class A mark between 80-100 1 Result Pending An interim result RP Continuing Continuing CN Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.
Final results for this course will be made available through Access Adelaide.
Finality of Assessment Grades
Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).
Moderation
In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:- assurance of the qualifications of markers, and their knowledge of the content covered in each course;
- detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
- sharing of example marked assessments at various grade bands across markers;
- reviewing of selected marked assessments from each marker by the course coordinator;
- comparison of the marks and their distribution across markers;
- automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
- the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.
Approval of Results by Board of Examiners
Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester. -
Student Feedback
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- International Student Support
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
- YouX Student Care - Advocacy, confidential counselling, welfare support and advice
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.
The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. -
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer. -
Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.
The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.