LEGAL401-22B (HAM)

The Law of Evidence

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

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: em.pooley@waikato.ac.nz

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Paper Description

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An examination of the principles of the law of evidence in criminal and civil cases.
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Paper Structure

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Weeks 1-5

This paper will be delivered through a hybrid format. Weeks 1-5 will be delivered online solely via live Zoom. Students are strongly recommended to attend live online whenever possible. Lectures will also be recorded and will be available for viewing via Panopto after lectures.

Weeks 6 and 9-14

Weeks 6 and 9-14 will be delivered in FLEXI format both live in person in the lecture room and live online via Zoom. Lectures will also be recorded and will be available for viewing via Panopto after lectures.

General

The content of this paper will be taught in one 2-hour Lecture in each teaching week during B trimester.

There will be a guest Lecture in the second half of the trimester on the use of evidence in civil cases. Some skills development exercises may also be integrated into the course.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Demonstrate a conceptual understanding of the nature and uses of evidence.
    Linked to the following assessments:
  • Describe core aspects of the trial process as it relates to the admissibility and use of evidence and rules about questioning witnesses.
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  • Critically discuss the principles and policy dimensions of the admissibility of evidence in New Zealand.
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  • Critically discuss the practical tensions in the application of the rules of evidence in the courtroom.
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  • Demonstrate an understanding of, and apply to factual scenarios, the rules that determine what evidence is admissible in New Zealand courts.
    Linked to the following assessments:
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Assessment

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The assessment comprises:

  1. A take home test applying the fundamental rule of admissibility and covering trial process issues.
  2. A research essay engaging with an issue of policy and reform in the law of evidence.
  3. A final test assessing the ability to identify types of evidence and the apply the exclusionary rules in factual scenarios.
  4. Student participation in the paper.

The maximum word limit for your answers to the take home test is 2000 words.

The maximum word limit for the research essay is 2000 words including footnotes but excluding any cover page or bibliography.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Take home test
15 Aug 2022
9:00 AM
33
  • Online: Submit through Moodle
2. Research essay
5 Oct 2022
12:00 PM
33
  • Online: Submit through Moodle
3. Final test
19 Oct 2022
9:00 AM
33
  • Online: Submit through Moodle
4. Student participation in the paper
1
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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Coppard, McLay, Murray, and Orpin-Dowell, New Zealand Law Style Guide (3rd edn, Thomson Reuters, 2018)
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Recommended Readings

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Matthew Downs (ed) Cross on Evidence (11th edn, LexisNexis, 2020)

This standard work on Evidence is available online via the LexisNexis Advance data base in the University Law Library

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Other Resources

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A selection of cases and law journal articles are included in the Course Materials book available from Waikato Print and via the online Waikato Reading List for this paper.

Copyright

The University of Waikato owns the intellectual property rights, including copyright, in this site, or has acquired the necessary licenses to display the material on the site. As a student of Te Piringa Faculty of Law, you are granted a limited license to use (access, display, or print a single copy of) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, or distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of the University of Waikato. To obtain such consent, please contact Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk via the instant message service in your paper (from the participants list within the People block) or alternatively you can email them direct at help@waikato.ac.nz or call them on 07 838 4008.

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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 preparation for assignments and tests.
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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)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS401, LEGAL501

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