LEGAL401-19B (HAM)

The Law of Evidence

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
Faculty of Law Dean's Office

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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This paper contains an examination of the principles of the Law of Evidence in civil and criminal cases.
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Paper Structure

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Lecture 1Tuesday12:0014:00TL.2.26LEGAL401-19B (HAM) LEC 01
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Learning Outcomes

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Students who successfully complete the course should be able to:

  • develop and demonstrate an understanding of the conceptual nature of evidence
    Linked to the following assessments:
  • know the rules that determine what evidence is admissible in New Zealand courts
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  • know the rules that exclude potential evidence in New Zealand courts
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  • know what is required when leading evidence, conducting cross-examination and otherwise adducing evidence
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  • demonstrate the practical application of evidence rules in the courtroom
    Linked to the following assessments:
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Assessment

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Please see the information below about the internal assessment for this paper. The date and time of the final exam will be advised once the examination timetable has been released by the university. The exam is worth 50 per cent of your final mark. You will be permitted to take into the exam any hard copy materials you wish except library books.
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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 50:50. There is no final exam. The final exam makes up 50% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 50:50 or 0:0, whichever is more favourable for the student. The final exam makes up either 50% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Take home test
26 Jul 2019
5:00 PM
20
  • Online: Submit through Moodle
2. Assignment
23 Sep 2019
8:00 AM
30
  • Online: Submit through Moodle
3. Exam
50
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of Coppard, McLay, Murray & Orpin-Dowell, New Zealand Law Style Guide,
3rd edition, Thomson Reuters (2018). This is available from Bennetts, at an approximate price of $37 including GST.

The most recent Evidence Act 2006 (e.g. Evidence Code in the LexisNexis in the Butterworths Legislation Series) OR McDonald, Optican & others, Mahoney on Evidence: Act & Analysis Thomson Reuters (4th ed, 2018).

The case readings for this course are available at the Waikato Reading List at the following link: https://waikato.rl.talis.com/lists/D035C310-7459-2912-C8DE-A7DD8F46F1EC.html

Other materials may be made available on Moodle from time to time.

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Recommended Readings

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Midson, B & Singh, T Student Companion: Evidence LexisNexis (3rd ed, 2017)
McDonald, Optican & others, Mahoney on Evidence:Act & Analysis Thomson Reuters (4th ed, 2018).
Downs, M (ed) Cross on Evidence LexisNexis (10th ed, 2017)
The most recent edition of Robertson, J.B. (ed) Adams on Criminal Law (Student ed), (Wellington: Thomson Reuters)
McDonald, E Principles of Evidence in Criminal Cases Thomson Reuters (2012)
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Online Support

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Online support for this paper is provided via Moodle
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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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This paper supplements the core law papers with knowledge and skills essential to putting them into practice in the courts.
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Prerequisite(s)

Prerequisite papers: LEGAL103 and LEGAL104; or LAWS103.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS401

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