Handbook

LAWS2351 is only available in T1 by School Consent. Contact UNSW Law Student Services for more information. 

Court Process, Evidence and Proof provides students with an analytical study of the law of evidence and civil and criminal court processes. These topics are examined in their legal, ethical and socio-psychological dimensions. The course approaches these topics by first exploring the legal and factual elements that define evidence law. In the criminal context, the course additionally explores prosecutors’ ethical and legal obligations to the court and to the defendant. From this preliminary framework students examine key principles, rules and institutional elements associated with the formal adjudication of legal disputes. Australia’s uniform evidence legislation provides the major doctrinal focus of this course. Its institutional focus centres on the role of participants in the court process. The course aims to foster in students critical analytical skills and values consistent with aspirational ideals of professional and ethical legal practice. These goals are pursued by observational fieldwork, audiovisual aids, occasional guest speakers, readings and the engagement of students in classroom discussion that is aimed at developing their understanding of the complexities and challenges evidence law and court processes create for litigants, lawyers, witnesses and decisionmakers. In addition, the course pays particular attention to ensuring students fully appreciate the important rights of criminal defendants and the protections afforded to them in court. 

 Main Topics

• The criminal trial, fundamental principles, accusatorialism and the presumption of innocence
• Indictments and criminal pleadings
• Screening weak cases and disclosure
• Pre-trial and trial prosecutorial obligations;
• The jury, judges proof
• Fair trials, rationalism
• Relevance
• Discretionary and mandatory exclusions;
• The witness in the box (testimonial competence and compellability, communication, questioning witnesses in court (examination in chief, cross examination, reexamination, unfavourable witnesses, credibility attacks on witnesses)
• The hearsay rule and its exceptions
• Identification Evidence
• Evidence of Opinion
• The accused (as a witness, his/her right to silence, character, tendency and coincidence evidence)
• Unreliable evidence, judicial directions and warnings.

 Court Process, Evidence and Proof is one of the core subjects for law and will normally be taken after completion of Criminal Laws. It fits within the criminal law stream.