71216 Law of Evidence

Requisite(s): 70217 Criminal Law AND 70516c Equity and Trusts
Undergraduate and Postgraduate
Subject coordinator: J Azize

This subject deals with adjectival law and the determination of how information may be presented to the court in litigation, when such information is admissible in evidence, and how the rules of proof are applied.

The law of evidence is studied under the following broad topic areas: the inclusionary rule of relevance, the various exclusionary rules (such as hearsay, opinion, tendency, coincidence, credibility, character and privilege), the judicial discretion to exclude, and aspects of proof (such as the incidence of the burden of proof, the standard of proof and judicial notice).

This subject aims to provide an understanding of:

• the key concepts used to determine the admissibility and weight of evidence in court proceedings
• the incidental legal principles related to the admissibility and weight of evidence in court proceedings, and
• how the law of evidence operates to promote the central tenets of the adversarial system and the administration of justice.

Typical availability

Autumn semester, City campus
Spring semester, City campus