LAW 6002 - Evidence and Advocacy (Hons)

North Terrace Campus - Semester 2 - 2025

Evidence and Advocacy is the study of "proof"; particularly, what proof is in legal proceedings and how we prove matters as fact. Through problem solving and practical/interactive role plays, students will critically analyse the laws of evidence applicable to the proof of facts in South Australian courts. These laws determine the evidence that will be received by courts to establish material facts, the form in which such evidence must be presented and the uses to which such evidence can be put by the court. Laws applicable to civil and criminal proceedings are examined with a concentration on criminal proceedings. In this context, criminal procedure is itself examined, particularly police investigative process, prosecution and defence obligations prior to and at trial, and the techniques, limitations and requirements for eliciting, challenging and scrutinising evidence for the purpose of considering whether it amounts to proof.

  • 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.

  • 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.

    6
  • 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:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. 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)
    GradeGrade reflects following criteria for allocation of gradeReported 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.

  • Student Support
    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 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.