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70109 Evidence

Requisite(s): ( 70218 Criminal Law OR (70114 Criminal Law and Procedure AND 70104c Civil Practice))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
Anti-requisite(s): 70717 Evidence and Criminal Procedure


Evidence is used to resolve disputed facts in legal proceedings. The law of evidence considered in this subject covers the procedures and rules pertaining to the admissibility and use of evidence in court proceedings. In this subject students develop an understanding of the law of evidence by examining fundamental provisions within the Evidence Act 1995 (NSW) and (Cwlth). Students consider the interpretation of the Evidence Act 1995 in judicial decisions, the types of evidence and how they can be used to establish facts, and the law reform processes that underpin the rules in NSW and federal courts. This subject develops the knowledge base and analytical skills of students through problem-solving exercises that mirror the legal and factual issues that arise in legal practice when determining the admissibility of evidence. Students also undertake research in order to critically evaluate the legal, ethical and policy frameworks that underpin the law and impact on the administration of justice. Evidence forms a core subject for all law degrees because it is a requirement for admission as a legal practitioner in all Australian jurisdictions. It is also one of the four topics assessed in the NSW Bar Exam (along with civil practice, criminal procedure, and ethics).

Detailed subject description.

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Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.